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24 Nov 2013, 10:17 am
American States Insurance Company, et al, wherein the defendants had the case removed to Federal Court and the plaintiffs tried to have the case remanded to State Court. [read post]
21 Dec 2018, 6:23 am
Beaver County Employees Retirement Fund, SCOTUS held that state courts continue to have concurrent jurisdiction over class actions alleging only ’33 Act violations by private plaintiffs and that defendants cannot remove actions filed in state court to federal court. [read post]
5 Aug 2016, 6:30 am
The state constitutional response, or lack thereof, to the ratification of the federal Constitution suggests that Americans reached no greater consensus on the location of ultimate sovereignty in 1788, when the Constitution was ratified, or in 1791, when all states ratified the Constitution. [read post]
15 Aug 2016, 2:05 pm
State politicians during the time between the drafting of the Declaration of Independence and the ratification of the federal Constitution, however, consistently undertheorized the basis of the distinction between internal and external affairs, at least when framing official state constitutional documents. 1770s and 1780s pamphleteers and essayists frequently expounded on the proper relationships between the periphery and core, but those responsible for early… [read post]
10 Nov 2011, 8:08 am
William Baude (Stanford Law School) has posted Beyond DOMA: Choice of State Law in Federal Statutes (Stanford Law Review, Vol. 64, 2012) on SSRN. [read post]
10 Aug 2021, 5:14 pm
Writing for the court, Circuit Judge Thomas Hardiman explained that the federal law in question must regulate private actors in order for a state law to conflict with federal law and trigger preemption. [read post]
15 Jul 2009, 8:08 am
Typically, where a State minimum wage conflicts with the Federal minimum wage, employers are required to pay the higher of the two hourly wage rates. [read post]
17 Apr 2024, 10:00 pm
The Department of Transportation and 18 states on April 16 agreed to a Memorandum of Understanding (MOU) that delegates more authority to and streamlines the process for state attorneys general to investigate consumer complaints against airlines. [read post]
17 Apr 2024, 10:00 pm
The Department of Transportation and 18 states on April 16 agreed to a Memorandum of Understanding (MOU) that delegates more authority to and streamlines the process for state attorneys general to investigate consumer complaints against airlines. [read post]
17 Apr 2024, 10:00 pm
The Department of Transportation and 18 states on April 16 agreed to a Memorandum of Understanding (MOU) that delegates more authority to and streamlines the process for state attorneys general to investigate consumer complaints against airlines. [read post]
17 Apr 2024, 10:00 pm
The Department of Transportation and 18 states on April 16 agreed to a Memorandum of Understanding (MOU) that delegates more authority to and streamlines the process for state attorneys general to investigate consumer complaints against airlines. [read post]
17 Apr 2024, 10:00 pm
The Department of Transportation and 18 states on April 16 agreed to a Memorandum of Understanding (MOU) that delegates more authority to and streamlines the process for state attorneys general to investigate consumer complaints against airlines. [read post]
17 Apr 2024, 10:00 pm
The Department of Transportation and 18 states on April 16 agreed to a Memorandum of Understanding (MOU) that delegates more authority to and streamlines the process for state attorneys general to investigate consumer complaints against airlines. [read post]
6 Feb 2017, 2:01 am
One might ask why state attorneys general have standing to bring such claims in federal court. [read post]
13 Jan 2015, 1:53 pm
Under the Equitable Sharing Program, state, county and local police departments routinely seize currency or other valuable property and pursue forfeiture of that property through federal authorities applying federal law. [read post]
20 Jun 2014, 1:06 am
Yap While employers have been waiting patiently for the California Supreme Court’s decision regarding the enforceability of class and representative action waivers in arbitration agreements, last week, a California federal court jumped into the fray and held that state law rules are powerless against the broad preemptive power of the Federal Arbitration Act (“FAA”). [read post]
29 Mar 2021, 7:06 am
The CFPB has created a student loan infographic to highlight the state of student loans in the pandemic. [read post]
24 Sep 2007, 9:43 am
Last year over 600,000 cases were filed in the state court systems of Oregon located in twenty five (25) districts around the state. [read post]
5 Jun 2007, 10:11 am
AEI has released a new collection of essays on federal preemption issues, and will hold a book forum on Tuesday, June 12: When does federal law trump state law? [read post]
14 Apr 2020, 1:20 pm
United States, the Federal Circuit again rejected the argument that the cancellation of a patent in an America Invents Act (AIA) post-grant proceeding violates the Fifth Amendment’s Takings Clause. [read post]
