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Sep 21, 2012

Transportation — preemption

11-3577 S.C. Johnson & Son, Inc. v. Transport Corporation of America, Inc.

Feb 29, 2012

Torts – preemption — railroads

10-879 Kurns v. Railroad Friction Products Corp.

Feb 2, 2012

Municipalities — preemption

2010AP178 Adams Outdoor Advertising, L.P., v. County of Dane

Dec 28, 2011

Transportation — preemption

11-1382 & 11-1492 ATA Airlines, Inc., v. Federal Express Corp.

Nov 10, 2011

Railroad preemption case lands at US Supreme Court

The justices of the U.S. Supreme Court are set to decide whether a state law tort suit involving a railroad worker who died from on-the-job asbestos exposure is preempted by a federal railroad inspection law.

Jul 25, 2011

09-2147 Union Pacific Railroad Co. v. Chicago Transit Authority

Transportation Railroads; preemption

Jun 23, 2011

09-993 Pliva, Inc., v. Mensing

Torts Preemption

May 26, 2011

09-115 Chamber of Commerce of the United States of America v. Whiting

Immigration Preemption A state law requiring employers to verify the immigration status of job applicants is not preempted by federal law.  Arizona’s licensing law falls well within the confines of the authority Congress chose to leave to the States and therefore is not expressly preempted. While IRCA prohibits States from imposing “civil or criminal sanctions” […]

May 5, 2011

2010AP729 M&I Marshall & Ilsley Bank v. Guaranty Financial

Banking Preemption Where a federal directive ordered the exchange of stock, the exchange can’t be challenged as a fraudulent transfer. “We do not agree with M&I that the OTS guidance materials provide a basis for concluding that OTS selected an improperly formatted or procedurally defective vehicle to accomplish its unambiguous objective. OTS gave unambiguous direction, […]

Apr 27, 2011

09-893 AT&T Mobility LLC v. Concepcion

Civil Procedure Arbitration; preemption A state rule that mandatory arbitration is unconscionable, because it does not permit classwide proceedings, is preempted by the Federal Arbitration Act. Class arbitration, to the extent it is manufactured by Discover Bank rather than consensual, interferes with fundamental attributes of arbitration. The switch from bilateral to class arbitration sacrifices [...]

Feb 23, 2011

08-1314 Williamson v. Mazda Motor of America, Inc.

Torts Seat belts; preemption Federal Motor Vehicle Safety Standard 208 does not pre-empt state tort suits claiming that manufacturers should have installed lap-and-shoulder belts, instead of lap belts, on rear inner seats. Like the regulation in Geier, the instant regulation leaves the manufacturer with a choice, and the tort suit here would restrict that choice. […]


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