Transportation — preemption
11-3577 S.C. Johnson & Son, Inc. v. Transport Corporation of America, Inc.
Municipalities — preemption
2010AP178 Adams Outdoor Advertising, L.P., v. County of Dane
Transportation — preemption
11-1382 & 11-1492 ATA Airlines, Inc., v. Federal Express Corp.
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.
09-2147 Union Pacific Railroad Co. v. Chicago Transit Authority
Transportation Railroads; preemption
2009AP2021 Lake Beulah Management District v. Village of East Troy
Natural Resources Preemption
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” […]
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, […]
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 [...]
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. […]
Legal News
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- Court to weigh social media and First Amendment
- Henry Kissinger, secretary of state under Presidents Nixon and Ford, dies at 100
- Judge dismisses liberal watchdog’s claims that Wisconsin impeachment panel violated open meeting law
- Milwaukee casting foundry sentenced for violating Clean Water Act
- IRS delays rules for payment apps’ users
- Judge cites handwritten will and awards real estate to Aretha Franklin’s sons
- Kenosha man gets life in prison for fatally stabbing his father, stepmother with a machete in 2021
- Official who posted ‘ballot selfie’ in Wisconsin has felony charge dismissed
- Federal court rules brokerage firm breached 1994 contract
WLJ People
- Power 30 Personal Injury Attorneys – Russell Nicolet
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- Power 30 Personal Injury Attorneys – James M. Ryan
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- Power 30 Personal Injury Attorneys – William Pemberton
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