News & Analysis as of

Preemption Injunctions

Mitchell, Williams, Selig, Gates & Woodyard,...

Drain Tile System/Adjacent Landowner: Vermont Supreme Court Addresses Issues Arising in Nuisance/Trespass Action

The Supreme Court of Vermont (“Supreme Court”) in a May 24th opinion addressed issues stemming from a dairy farm’s installation of a drain tile system that discharged water into a streambed and lake allegedly affecting  a...more

Littler

Preliminary Injunction Against Illinois Equivalent Benefits Law for Temporary Workers

Littler on

In November 2023, soon after Illinois Governor JB Pritzker signed amendments to the Illinois Day and Temporary Labor Services Act (the “Act”), several staffing agencies and associations sued for an injunction against...more

Stokes Wagner

California Law Limiting Mandatory Arbitration Agreements is Mostly Upheld by the Ninth Circuit

Stokes Wagner on

On September 15, 2021, the Ninth Circuit lifted an injunction and mostly upheld a California law, known as Assembly Bill 51 (“AB-51”), that prohibits mandatory arbitration agreements. AB-51 invalidates mandatory arbitration...more

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

Judge Issues Temporary Injunction Blocking Implementation of San Antonio’s Sick and Safety Leave Law

The City of San Antonio’s Sick and Safe Leave ordinance has been enjoined. The ordinance was originally scheduled to go into effect on August 1, 2019, but on July 24, 2019, a Texas state court delayed implementation until...more

Fisher Phillips

Truckers Seek To Toss California’s New Gig Economy Law

Fisher Phillips on

We’re now just a few weeks away from the nation’s most stringent independent contractor misclassification law taking effect in California. But if a group of truck drivers have their way, the law will stall out before it ever...more

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

Minnesota Court of Appeals Lifts Injunction That Limited Minneapolis Safe and Sick Time Ordinance to Employers Within City

In the latest chapter of the Minneapolis Sick and Safe time ordinance saga, the Minnesota Court of Appeals has ended an injunction issued by a lower court that limited the ordinance to employers located within the city of...more

Nilan Johnson Lewis PA

Non-Resident Employers Must Comply with Minneapolis Paid Sick-and-Safe Leave, Appellate Court Rules

Nilan Johnson Lewis PA on

On April 29, the Minnesota Court of Appeals issued a key decision regarding Minneapolis’ sick-and-safe-time (SST) ordinance. As a result of the decision, the Minneapolis SST ordinance not only remains in effect, but it can...more

Fisher Phillips

The Plot Thickens: Trump Administration Sues California Over New Immigration Laws, Including AB 450

Fisher Phillips on

The ever-escalating dispute between the Trump Administration and the State of California over immigration policy is starting to resemble a Shakespearean drama. U.S. Attorney General Jeff Sessions, speaking at an appearance...more

Foley Hoag LLP - Environmental Law

Three Strikes and the Commonwealth Is Out: The Natural Gas Act Preempts Article 97

Last week, Judge John Agostini ruled that the Natural Gas Act preempts Article 97 of the Massachusetts Constitution, which otherwise would have required a 2/3 vote of the Legislature before Article 97 land could be conveyed...more

Mintz - Consumer Product Safety Viewpoints

Preemption Defense in the Ninth Circuit Is “Not Dead Yet”

Monty Python and the Holy Grail (1975) contained a scene where bodies of plague victims were brought out to the curb for collection via a cart whether or not they properly belonged there. One living fellow insists on not...more

Orrick, Herrington & Sutcliffe LLP

Antitrust & Competition Newsletter - April 2015

U.S. Supreme Court Holds That State Action Immunity Does Not Apply to State Boards If the Board Is Controlled by Active Market Participants - On Feb. 25, 2015, the U.S. Supreme Court held, in a 6-3 decision, that a state...more

Pillsbury Winthrop Shaw Pittman LLP

Ninth Circuit: Injunctive Relief Claims Relating Only to Past Harms to a Limited Class Are Not Exempt From Arbitration

Following the U.S. Supreme Court’s decision favoring arbitration clauses in AT&T Mobility LLC v. Concepcion, the Ninth Circuit Court of Appeals held in Kilgore v. KeyBank, N.A. that the Federal Arbitration Act (“FAA”)...more

Perkins Coie

Food Litigation Newsletter - February 2013

Perkins Coie on

In This Issue: - Court Rules that Yogurt Dispute Belongs Before the FDA - Conclusory Allegations that Advertising is “False and Misleading” Fail Minimum Pleading Standards - 5-Hour Energy Authorized To Sue...more

McCarter & English, LLP

Western Pa.'s Take On Carbon Dioxide Liability Claims

McCarter & English, LLP on

Originally published in Law360 on December 17, 2012. Left open by the U.S. Supreme Court’s decision in American Electric Power Co. v. Connecticut, 131 S. Ct. 2527 (2011), was the question of whether state law nuisance...more

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