News & Analysis as of

Jurisdiction Preemption

Womble Bond Dickinson

A Place For Everything: Cabinet Company’s First Lawsuit Unsuccessful Against Former Employee and Competitor

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The U.S. District Court for the Western District of North Carolina rejected several claims brought by Design Gaps, Inc. a Charlotte custom cabinetry company against a former employee and a competitor. Design Gaps, Inc. v....more

American Conference Institute (ACI)

[Event] Drug & Medical Device Litigation - December 5th - 6th, New York, NY

Hosted by American Conference Institute, the 28th Annual Conference on Drug & Medical Device Litigation returns for another exciting year with curated programming and networking opportunities with 400+ industry...more

BakerHostetler

Tribal Privacy Codes: Establishing Self-Governance in the Post-Internet Age

BakerHostetler on

Recent trends in privacy legislation, including the passage of California Consumer Privacy Act, more commonly referred to as the CCPA, as well as copycat laws in at least nine other states, make clear the intention of state...more

Carlton Fields

First Circuit Holds That New York Convention Preempts Puerto Rican Law

Carlton Fields on

The First Circuit Court of Appeals has held that the New York Convention applies to an insurance arbitration dispute between a Puerto Rican company and Lloyd’s of London and that the convention preempts a Puerto Rican law...more

Hicks Johnson

Appellate Courts Provide Guidance on Jurisdiction for Climate Change Lawsuits

Hicks Johnson on

The U.S. Court of Appeals for the Tenth Circuit ruled in February 2022 that federal jurisdiction did not exist over a case brought by a group of Colorado municipalities accusing several energy companies of climate...more

Morgan Lewis

Considerations for Employers and Employer Plan Sponsors Related to Potential Changes in the Effect of Roe v. Wade

Morgan Lewis on

Various media outlets published a draft US Supreme Court opinion overturning Roe v. Wade late on May 2. The Supreme Court confirmed the authenticity of the document on May 3 but cautioned that the opinion was still in process...more

Hicks Johnson

Tenth Circuit Provides Guidance on Jurisdiction for Climate Change Lawsuits

Hicks Johnson on

On Tuesday, February 8, the U.S. Court of Appeals for the Tenth Circuit laid down a ruling in a lawsuit brought by a group of Colorado municipalities accusing several energy companies of climate change-related harm. Alleging...more

Eversheds Sutherland (US) LLP

New York joins the roster of states now accepting applications for reciprocal jurisdiction reinsurers

New York has joined the handful of states that are now accepting applications from non-US reinsurers for recognition as a reciprocal jurisdiction reinsurer under new rules that allow US domestic ceding insurers to receive...more

Womble Bond Dickinson

Who Owns (And Controls) the Sky? Unresolved Jurisdiction, Property, and Privacy Issues For Consumer and Commercial Drone Operators

Womble Bond Dickinson on

Over recent years, the consumer and commercial market for drones has seen significant growth, and this growth will only continue. Credit Suisse predicts that the drone market will increase to $43 billion by 2024....more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights: Issue 27, July 2020

Big Oil repeatedly remanded to state courts - will SCOTUS come to the rescue? "Oil companies facing suits by state and local governments that want them to bear a share of the cost of responding to the consequences of...more

Eversheds Sutherland (US) LLP

Climate change litigation remains in state courts (for now)

Over the past decade or more, plaintiffs have sought to “hold companies accountable” for their supposed contributions to climate change. Having been rebuffed from bringing claims in federal court under federal common law,...more

Proskauer - Employee Benefits & Executive...

Ninth Circuit Enforces Hawaii Anti-Reimbursement Statutes Against Insured Plan

ERISA health care plans typically include reimbursement and subrogation clauses, which give plans a right to reimbursement of medical expenses paid on behalf of a beneficiary where the injury is caused by a third party. While...more

Mintz - Arbitration, Mediation, ADR...

Who Decides the “Class Arbitrability” Issue: Fifth Circuit Joins Consensus That It Is a Court, Not an Arbitrator, But Evidently...

Add the Fifth Circuit to the growing list of Federal Circuit Courts that have decided that “class arbitrability” is a gateway question for a court, rather than an arbitrator, to decide in the first instance, absent the...more

Moore & Van Allen PLLC

U.S. Supreme Court Said “No” to Class Arbitration in Employment-Related Data Breach Dispute Because Arbitration Agreement...

Moore & Van Allen PLLC on

The U.S. Supreme Court issued two 5-4 decisions in as many months regarding class procedures. Lamp Plus, Inc. v. Varela, 587 U. S. ____ (2019) was favorable to corporate defendants by limiting the availability of class...more

King & Spalding

Supreme Court Rules Class Arbitrations Must Be Explicitly Authorized

King & Spalding on

On April 24, 2019, in a 5-4 decision split along ideological lines, the Supreme Court held in Lamps Plus, Inc. v. Varela that class arbitration is not available where arbitration agreements are unclear about whether the...more

Ervin Cohen & Jessup LLP

Good News for Employers: Express Consent Required for Class Arbitration

Last year, the United States Supreme Court ruled that class action waivers in employment arbitration agreements are enforceable. But, the ruling did not address an agreement that is silent or ambiguous regarding the intent to...more

Vedder Price

Class-Wide Arbitration May Not Be Compelled in the Face of an “Ambiguous” Arbitration Agreement

Vedder Price on

In a case with important implications for employers, Lamps Plus, Inc. v. Varela, the United States Supreme Court held that class-wide arbitration may not be compelled pursuant to an arbitration agreement that is ambiguous as...more

Carlton Fields

Supreme Court’s Lamp Plus Brings Ambiguity in Classwide Arbitration to Light

Carlton Fields on

In 2016, a hacker tricked an employee of petitioner Lamps Plus Inc. into disclosing tax information of about 1,300 company employees. ...more

Parker Poe Adams & Bernstein LLP

U.S. Supreme Court Says Arbitration Agreements Exclude Class Arbitration Absent Consent

In last year’s Epic Systems decision, the U.S. Supreme Court held that the Federal Arbitration Act (FAA) allows mandatory arbitration agreements that preclude class or collective action claims. In other words, a party to the...more

Obermayer Rebmann Maxwell & Hippel LLP

Supreme Court Blocks Class-Wide Employment Arbitration Due to Vague Contract Language

Over the past several years, the U.S. Supreme Court has been expanding the enforceability of arbitration agreements and making it easier for employers to keep employment claims out of court. In its landmark Epic Systems...more

Vedder Price

SCOTUS Catapults Class Arbitration Onto the Endangered Species List

Vedder Price on

On April 24, 2019, the U.S. Supreme Court issued an important decision touching a number of hot button issues and litigation threats facing American businesses — including class actions, arbitration agreements and data...more

Sheppard Mullin Richter & Hampton LLP

U.S. Supreme Court Upholds Individualized Arbitration Where Agreement Is Ambiguous on Issue of Class Arbitration

In a 2010 decision, Stolt-Nielsen S. A. v. Animalfeeds International Corp., the United States Supreme Court held that parties may not be compelled to submit to class arbitration under the Federal Arbitration Act (FAA) unless...more

Snell & Wilmer

United States Supreme Court Continues Its Trend of Enforcing Individual Employment Arbitration Agreements

Snell & Wilmer on

Approximately one year ago, the United States Supreme Court issued its landmark decision in Epic Systems v. Lewis, 548 U.S. ___ (2018), holding that class action waivers contained in arbitration agreements, including...more

Eversheds Sutherland (US) LLP

Lights out for class arbitration – Lamps Plus holds that class arbitration cannot be read into ambiguous arbitration clauses

Consistent with prior US Supreme Court opinions, the Supreme Court held on April 24, 2019, that contractual ambiguity regarding class arbitration may not be construed against the drafter because of Federal Arbitration Act...more

Morgan Lewis

US Supreme Court Holds No Class Arbitration Absent Express Consent: Four Things to Know

Morgan Lewis on

The US Supreme Court’s recent decision in Lamps Plus means that parties with arbitration agreements governed by the Federal Arbitration Act may now compel arbitration without worrying that the court will order class...more

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