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However, preemption, the legal theory that federal law supersedes state law, proved central to the line of questioning from all of the justices as the theory was key to the court’s Garmon decision. [read post]
12 Aug 2014, 5:26 pm by Jason Mazzone
And to get there (because the Supreme Court has not incorporated the Seventh Amendment right against the states), the district court views the incorporation issue open for new examination after McDonald v Chicago. [read post]
22 Jan 2018, 4:11 pm by INFORRM
Forum non conveniens The Claimant relied on EU case law (Owusu v Jackson (C-281/2002) and Maletic v lastminute.com GmbH (C-478-12)) to argue that the court was precluded from considering forum non conveniens issues. [read post]
10 Jul 2024, 2:11 pm by Josie Forney
Other States’ Decisions: No Standing to Challenge the Rule Conversely, a federal court in Arkansas determined in States of Tennessee, Arkansas et al. v. [read post]