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

Tagged with: 7th Circuit Digest Civil Digest preemption Transportation Digest

10-879 Kurns v. Railroad Friction Products Corp.

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

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

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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.

Tagged with: Antonin Scalia FELA preemption Stephen Breyer Supreme Court tort

Transportation Railroads; preemption

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Natural Resources Preemption

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Torts Preemption

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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 ...

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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 ...

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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, ...

Tagged with: Arbitration AT&T Mobility LLC v. Concepcion Civil Procedure Digest preemption United States Supreme Court

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 ...

Tagged with: preemption Torts Digest

Torts Vaccines; preemption The National Childhood Vaccine Injury Act of 1986 preempts all design-defect claims against vaccine manufacturers brought by plaintiffs seeking compensation for injury or death caused by a vaccine’s side effects. Section 300aa–22(b)(1)’s text suggests that a vaccine’s ...

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Labor RLA; preemption The Railway Labor Act does not completely preempt retaliatory-discharge claims under state law. “Graf’s holding that the RLA completely preempts retaliatory-discharge suits under state law is overruled. (Other parts of Graf are unaffected by this conclusion.) Because ...

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Civil Procedure Jurisdiction; preemption; Class III medical device; dismissal with prejudice In a diversity action where plaintiff alleges injury by a hip replacement, a Class III medical device under the federal Food Drug and Cosmetic Act, under Illinois common law ...

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