News & Analysis as of

Oral Argument Supreme Court of the United States Preemption

Ballard Spahr LLP

SCOTUS oral argument in Cantero v. Bank of America provides no clear indication of likely outcome

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On February 27, 2024, the U.S. Supreme Court heard oral argument in Cantero v. Bank of America, N.A., a case involving the effect of the Dodd-Frank Act on the scope of preemption under the National Bank Act (NBA). The...more

Ballard Spahr LLP

Important National Bank Act (NBA) preemption case to be argued Today, February 27, before US Supreme Court

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The oral argument in Cantero v. Bank of America, N.A. will be heard on Tuesday, February 27 before the US Supreme Court. The Court recently granted the unopposed motion of the Solicitor General to participate in the oral...more

Ballard Spahr LLP

Bank of America files merits brief with SCOTUS in National Bank Act preemption case; DOJ seeks leave to participate in oral...

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Bank of America, N.A. has filed its merits brief in Cantero v. Bank of America, N.A., the case currently before the U.S. Supreme Court dealing with the scope of national bank preemption.  The petitioners must file their reply...more

Ballard Spahr LLP

SCOTUS to hear oral argument on Feb. 27 in National Bank Act preemption case

Ballard Spahr LLP on

On February 27, 2024, the U.S. Supreme Court will hear oral argument in Cantero v. Bank of America, N.A., a case involving the scope of preemption under the National Bank Act (NBA). The question before the Court is whether...more

Fisher Phillips

SCOTUS Predictions: Will the Supreme Court Make it Easier to Hold Unions Liable for Strike Misconduct?

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The Supreme Court recently heard arguments in a case that could make it easier for employers to sue and recover damages from labor unions that damage an employer’s property during a strike. The issue before SCOTUS in Glacier...more

Manatt, Phelps & Phillips, LLP

Supreme Court Considers Intersection of PAGA and Arbitration

The U.S. Supreme Court considered California’s Private Attorneys General Act (PAGA) recently, debating whether a plaintiff who filed suit under the statute could avoid the mandatory arbitration clause she signed as an...more

Proskauer - California Employment Law

Supreme Court Hears Oral Argument in Advance of Major Ruling on the Arbitrability of PAGA Claims

Last week, the United States Supreme Court heard oral argument in Viking River Cruises, Inc. v. Moriana, Case No. 20-1573,_ U.S. _ (2022). The case addresses whether the Federal Arbitration Act (“FAA”) requires the...more

Akin Gump Strauss Hauer & Feld LLP

As Supreme Court Hears Argument in Viking River Cruises, PAGA’s Most Consequential Case Faces an Uncertain Future

Today, the U.S. Supreme Court will hear oral argument in Viking River Cruises, Inc. v. Moriana, Case No. 20-1573. Wage and hour practitioners, particularly in California, have watched the case with keen interest because it...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Supreme Court Hears Oral Argument on OSHA’s COVID-19 Vaccination and Testing Emergency Temporary Standard and CMS Vaccine Rule

On Friday, January 7, 2022, the Supreme Court of the United States heard oral arguments on challenges to the Occupational Safety and Health Administration’s (OSHA) COVID-19 Vaccination and Testing Emergency Temporary Standard...more

ArentFox Schiff

Eighth Circuit: A State Statute that Implicitly Regulates ERISA Plans Is Preempted by ERISA

ArentFox Schiff on

Last month, in Pharmaceutical Care Management Association v. Tufte et al. No. 18-2926 (8th Cir. August 7, 2020), the United States Court of Appeals for the Eighth Circuit invalidated legislation in North Dakota on the grounds...more

Kilpatrick

Washington State Department of Licensing v. Cougar Den Inc.

Kilpatrick on

On Tuesday, October 30, the United States Supreme Court heard oral argument in Washington State Department of Licensing v. Cougar Den, Inc., a case involving the question of whether the Yakama Nation’s 1855 treaty provision...more

Goodwin

Supreme Court Hears Argument on Future of FDCPA Landscape

Goodwin on

The issue of whether the Fair Debt Collection Practices Act (FDCPA) applies to non-judicial foreclosure proceedings is now squarely before the U.S. Supreme Court. Following oral arguments last week in the case Obduskey v....more

Foley & Lardner LLP

Gambling with SCOTUS: Christie v. NCAA

Foley & Lardner LLP on

Having recently heard oral argument in Christie v. National Collegiate Athletic Association, the U.S. Supreme Court is set to decide this long-running case that is ostensibly about the legalization of wagering on sports...more

Foley & Lardner LLP

The Supreme Court Hears Case Regarding Private Enforcement of the Medicaid Act Against States

Foley & Lardner LLP on

On Tuesday, January 20, 2015, the U.S. Supreme Court will hear oral argument in a significant Medicaid-preemption case from the Ninth Circuit, Exceptional Child Center, Inc. v. Armstrong. In that case, Medicaid-participating...more

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