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Pre-emption Law
 
Walter Shuker; Vivian Shuker v. Smith & Nephew, P.L.C.; Smith & Nephew, Inc. Eastern District of Pennsylvania Federal Courthouse - Philadelphia, Pennsylvania

With the Medical Device Amendments of 1976, Congress added comprehensive medical device approval processes to the Federal Food, Drug, and Cosmetic Act, prescribing tiers of federal requirements for certain devices corresponding to the device’s inherent risk level. In exchange for compliance with the strictest federal mandates, Congress afforded manufacturers express preemption from state laws impo... More...   $0 (03-02-2018 - PA)

Clayton Byrd v. Tennessee Wine and Spirits Retailers Association Middle District of Tennessee - Estes Kefauver Federal Courthouse Nashville, Tennessee

Defendant-Appellant Tennessee Wine and Spirits Retailers Association (“Association”) appeals the district court’s order granting summary judgment regarding § 57-3-204(b) of Tennessee Code Annotated. Under § 57-3-204(b), to
receive a retailer-alcoholic-beverages license, a person, corporation, or firm needs to be a
Tennessee resident for at least two years, and to renew a license, there is ... More...
   $0 (02-26-2018 - TN)

Solas Industrial Innovation, LLc v. The Superior Court of Orange County, The People, Real Party in Interest

The Orange County District Attorney brought an action for civil penalties
under this state’s unfair competition law (UCL; Bus. & Prof. Code, § 17200) and
fair advertising law (FAL; id., § 17500) against an employer. The action alleged
the employer violated workplace safety standards established by the state
occupational safety and health law (Cal/OSHA; Lab. Code, § 6300 et seq.) an... More...
   $0 (02-11-2018 - CA)

T.H., a Minor, etc. v. Novartis Pharmaceuticals Corporation California Supreme Court Building - Sacamento, California

Under California law, a brand-name drug manufacturer has a duty to warn
of known or reasonably knowable adverse effects arising from an individual’s use
of its drug. (See Stevens v. Parke, Davis & Co. (1973) 9 Cal.3d 51, 65.) In this
case, we examine whether — and if so, under what circumstances — a brandname
drug manufacturer may be sued under a theory of “warning label” liability... More...
   $0 (12-25-2017 - CA)

Patricia Arellano v. Clark County Collection Service, LLC; Borg Law Group, LLC Ninth Circuit Court of Appeals Courthouse - San Francisco, California

Can a debt collector avoid liability under the Federal Fair
Debt Collection Practices Act by obtaining the debtor’s
lawsuit through a writ of execution? We conclude that such
a procedure frustrates the Act’s purpose and is thus
preempted.

I

Patricia Arellano was overdue on a small amount of
medical debt—$371.89 to be precise. A private collection
agency, C... More...
   $0 (11-19-2017 - NV)

Francisco Diaz v. Professional Community Management, Inc.

A “sharp practice” is defined as a “dealing in which advantage is taken or
sought unscrupulously.” (Webster’s 3d New Internat. Dict. (2002) p. 2088.) This is an
appeal borne of sharp practices.
Defendant Professional Community Management, Inc. (PCM), unilaterally
orchestrated the issuance of an appealable order by: (1) applying ex parte, a mere 11 days
before trial, for an orde... More...
   $0 (11-09-2017 - CA)

Thomas Rael v. Smith's Food and Drug Centers, Inc. Tenth Circuit Court of Appeals Courthouse - Denver, Colorado

Thomas Rael appeals the district court’s dismissal of his state law tort claims
as preempted by § 301 of the Labor Management Relations Act (“LMRA”),
29 U.S.C. § 185(a). Exercising jurisdiction under 28 U.S.C. § 1291, we affirm.
2
I. Factual Background
Rael worked for Smith’s Food and Drug Centers as a meat cutter for 25 years
until he resigned in December 2014. The terms o... More...
   $0 (11-07-2017 - CO)

ASSN. DES ELEVEURS DE CANARDS V. XAVIER BECERRA Ninth Circuit Court of Appeals - San Francisco, California

In 2004, California passed legislation to prohibit the practice of force-feeding ducks or geese to produce foie gras, an expensive delicacy made from their liver. California determined that the force-feeding process, which typically involves inserting a 10- to 12-inch metal or plastic tube into the bird’s esophagus to deliver large amounts of concentrated food, is cruel and inhumane. The state the... More...   $0 (09-15-2017 - CA)

Tajie Major v. R.J. Reynolds Tobacco Company

William E. Major smoked two packs of cigarettes a day, on
average, from 1961 to 1989. He was diagnosed with lung cancer
in 1997, and died a year later. His wife, plaintiff Tajie Major,
brought suit against several manufacturers of cigarettes Major
had smoked, as well as manufacturers of asbestos to which he
had been exposed, alleging that Major’s smoking and his asbestos
ex... More...
   $0 (08-31-2017 - CA)

STATE OF IOWA vs. MARTHA ARACELY MARTINEZ SUPREME COURT OF IOWA

Martha Martinez came to Muscatine with her parents in 1997 when she was eleven years old. She attended Muscatine public schools and worked for several different employers in Muscatine County. When she was seventeen years old, Martinez applied for and obtained an Iowa driver’s license. She used a birth certificate in the name of Diana Castaneda, a person with a social security number, to obtain ... More...   $0 (06-14-2017 - IA)

Theresa Graham v. R.J Reynolds Tobacco Company, et al.

This appeal presents the questions whether due process forbids giving a
jury’s findings of negligence and strict liability in a class action against cigarette
manufacturers preclusive effect in a later individual suit by a class member and, if
not, whether federal law preempts the jury’s findings. Florida smokers and their
survivors filed a class action against several tobacco comp... More...
   $0 (05-18-2017 - FL)

STATE OF KANSAS v. JUAN LUIS JASSO-MENDOZA

It is the combination of errors in this prosecution that leads us to conclude that Jasso-Mendoza did not receive a fair trial. The confusing jury instructions, the judge's failure to answer the jury's question, and the prosecutor's misstatement of the law, when combined, all create an error that we cannot label as harmless. We must reverse and remand for a new trial.

Reversed and rema... More...
   $0 (05-17-2017 - KS)

R.J. REYNOLDS TOBACCO COMPANY vs. PHIL J. MAROTTA, etc.

This case follows a long line of cases decided in light of Engle v. Liggett
Group, Inc. (Engle III), 945 So. 2d 1246 (Fla. 2006). In Engle, a group of smokers
and their survivors filed a class action against major tobacco companies for
damages allegedly caused by smoking-related injuries. Id. at 1256.2 Among other
things, the class sought compensatory damages based on variou... More...
   $0 (04-08-2017 - FL)

United Food v. Wal-Mart Stores Inc.

This case is a continuation of litigation that has been ongoing between these parties
both in Arkansas and across the nation. UFCW is a national labor organization. OUR
Walmart is a subsidiary of UFCW; it is an association of current and former Walmart
employees (“associates”) and their supporters whose purpose is, in part, to help associates on
issues related to their employ... More...
   $0 (11-17-2016 - AR)

Noice v. BNSF Ry. Co.

In January of 2009, Noice was conducting a BNSF train traveling from Clovis
4 to Belen. The train was pulled by four locomotives. At some point around 6:00 p.m.,
5 Noice ceded operation of the train to his assistant, John Royal. Noice exited the lead
6 locomotive and proceeded rearwards. Before leaving the lead locomotive, however,
7 Noice instructed Royal to “start pulling o... More...
   $0 (08-24-2016 - NM)

Rueli v. Baystate Health, Inc.

Plaintiffs are a putative class
of unionized nurses who sued their employer in state court for
unpaid wages and overtime pay for work performed outside their
approved shifts. Their employer removed the case to federal court,
citing the doctrine of complete preemption, under which claims
requiring interpretation of a collective bargaining agreement
("CBA") are reclass... More...
   $0 (08-23-2016 - MA)

Salvatore Puglia v. Elk Pipeline, Inc.

New Jersey has a significant body of statutory and
decisional law protecting employee rights -- protections that
exist whether the employee is a union member or not. Among
those are wage and hour and whistleblower protections. Facts
that can give rise to a violation of those state-law protections
can often (for union workers) also give rise to a claim based on
a col... More...
   $0 (08-16-2016 - NJ)

State Of Kansas v. Ochoa-Lara

Guadalupe Ochoa-Lara was convicted of two counts of identity theft following a bench trial on stipulated facts. Ochoa-Lara argues on appeal that the charges should have been dismissed by the district court because the Immigration Reform and Control Act (IRCA) preempts state prosecution for identity theft based on the unlawful use of another person's Social Security number. Ochoa-Lara also argues ... More...   $0 (12-03-2015 - KS)

Bluestem Telephone Co. v. Kansas Corporation Comm'n

The Telecommunications Act of 1996 (1996 Act) was passed by Congress in order to further deregulate the telecommunications industry. 47 U.S.C. § 151 et seq. (2012); see Citizens' Utility Ratepayer Bd. v. Kansas Corporation Comm'n, 264 Kan. 363, 369, 956 P.2d 685 (1998). The 1996 Act was intended to serve the dual purposes of ensuring "universal service" to both low income consumers and consumers i... More...   $0 (12-03-2015 - KS)

Bluestem Telephone Co. v. Kansas Corporation Comm'n

The Telecommunications Act of 1996 (1996 Act) was passed by Congress in order to further deregulate the telecommunications industry. 47 U.S.C. § 151 et seq. (2012); see Citizens' Utility Ratepayer Bd. v. Kansas Corporation Comm'n, 264 Kan. 363, 369, 956 P.2d 685 (1998). The 1996 Act was intended to serve the dual purposes of ensuring "universal service" to both low income consumers and consumers i... More...   $0 (11-30-2015 - KS)

Leica Microsystems Inc v. Hernandez et al

In this removed action, plaintiff-counterdefendant’s motion to remand presents the
question whether the court has federal question jurisdiction despite the assertion of only
state-law claims in plaintiff-counterdefendant’s state court petition. Concluding that the
court does not have federal question jurisdiction, it grants the motion to remand and awards
plaintiff-counterdefenda... More...
   $0 (11-24-2015 - TX)

Tohono O'Odham Nation v. City of Glendale

This appeal involves a dispute concerning 135 acres of
unincorporated land within Maricopa County, Arizona that
was purchased by Plaintiff, the Tohono O’odham Nation (the
Nation). The Nation filed suit against the City of Glendale
and the State of Arizona (collectively, Defendants),
challenging the constitutionality of H.B. 2534, a law passed
by the Arizona legislature that... More...
   $0 (11-06-2015 - AZ)

Del Grosso v. Surface Transportation Board

Diana del Grosso, et al. petitioners") petitioned the Surface Transportation Board
("Board") for a declaratory order that state and local regulations
of a facility owned by Grafton & Upton Railroad Company ("G&U")
were not preempted by the Interstate Commerce Commission
Termination Act ("ICCTA"), Pub L. No. 104-88, 109 Stat. 803. The
Board held that state and local regulations... More...
   $0 (10-19-2015 - MA)

State of New Hampshire v. Exxon Mobil Corporation

In 1990, Congress amended the Federal Clean Air Act to require the use of an “oxygenate” in gasoline in areas not meeting certain national air quality standards. See 42 U.S.C. § 7545(k) (Supp. 1991) (amended 2005, 2007). An oxygenate is a substance used to reduce gasoline emissions. See Oxygenated Fuels Ass’n Inc. v. Davis, 331 F.3d 665, 666 (9th Cir. 2003). The amendment did not mandate the u... More...   $0 (10-04-2015 - NH)

Yelena Galper v. JP Morgan Chase Bank, N.A.

This is a case about identity theft, and it requires us to consider the
relationship between a New York state law providing remedies for victims of
identity theft and the federal Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq.
(FCRA). An identity theft occurs when someone misappropriates another
person’s name or other personal information in order to engage in fraud or otherMore...
   $0 (09-30-2015 - NY)

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