preemption

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Defendants Altria Group and Philip Morris (Altria’s subsidiary) manufactured and sold two brands of cigarettes, “Marlboro Lights” and “Cambridge Lights.” See Good v. Altria Group, Inc., 501 F.3d 29, 30 (1st...

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[Questions Presented][Issue][Facts][Discussion][Analysis]Issue

Does federal law prevent enforcement of certain aspects of motor carrier-related contracts used by the Port of Los Angeles?

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Facts

The Port of Los Angeles (POLA) is the busiest...

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The state of Arizona maintains that it faced rampant illegal immigration, which increased crime and harmed Arizona’s economy. See Brief for Petitioners, State of Arizona and Janice K. Brewer, at 3–6. In response to this concern, in April...

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Oral argument: Apr. 25, 2012

Appealed from: United States Court of Appeals for the Ninth Circuit (Apr. 11, 2011)

In 2010, Arizona enacted the Support Our Law Enforcement and Safe Neighborhoods Act, which creates state immigration...

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In 2002, Vincent and Liza Concepcion ("the Concepcions") signed a two-year service contract with AT&T Mobility for wireless phone service. See Laster v. AT&T Mobility LCC, 584 F.3d 849, 852 (9th Cir. 2009...

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Oral argument: Nov. 9, 2010

Appealed from: United States Court of Appeals for the Ninth Circuit (Oct. 27, 2009)

CLASS ACTION, FEDERAL ARBITRATION ACT, PREEMPTION, CONSUMER CLAIMS

Vincent and Liza Concepcion ("the Concepcions") signed a...

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This case turns on the Supreme Court's interpretation of the word “unavoidable” as it is used in 42 U.S.C. § 300aa-22(b)(1) of the National Childhood Vaccine Injury Act (“NCVIA”). See Bruesewitz v....

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Congress first imposed sanctions for hiring unauthorized workers when it passed the Immigration Reform and Control Act of 1986 (“IRCA”), which criminalized the knowing or intentional hiring or continued employment of “unauthorized aliens” in...

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Oral argument: Dec. 8, 2010

Appealed from: United States Court of Appeals for the Ninth Circuit (Sept. 17, 2008)

PREEMPTION, EMPLOYMENT DISCRIMINATION, IRCA, LEGAL ARIZONA WORKERS ACT

The state of...

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On September 28, 2000, California legislators enacted legislation prohibiting the state from interfering with employee choice regarding whether or not to join or to be represented by a labor union. The statute prohibits California from...

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Oral argument: March 19, 2008

Appealed from: United States Court of Appeals, 9th Circuit (Sep. 21, 2006)

PREEMPTION, UNION ORGANIZING, FIRST AMENDMENT, EMPLOYMENT LAW

The California...

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Facts

From 1959 to 1985, Petitioner CTS Corporation (“CTS”) operated a fifty-four acre facility in Asheville, North Carolina, where notable quantities of chemicals were stored. Waldburger v. CTS Corp. 723 F.3d 434, 440 (4th Cir. 2013). In 1987, CTS sold...

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In 2005, Eliot Spitzer, in his official capacity as the New York State Attorney General, began investigating several national banks and their residential real estate lending practices for evidence of racial discrimination. See Clearing...

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Oral argument: Apr. 28, 2009

Appealed from: United States Court of Appeals, Second Circuit (Dec. 4, 2007)

NATIONAL BANK ACT, VISITATION, CHEVRON DEFERENCE, PREEMPTION

Suspecting racially discriminatory lending practices, the Attorney...

(LIIBULLETIN preview (pre-2014))
[Questions Presented][Issue(s)][Facts][Discussion][Analysis]Issue(s)

Are state law claims of negligence and consumer fraud against a towing company for having a car towed and eventually disposed of to pay towing and storage fees preempted by the Federal...

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In September 2008, Amy Imburgia and a class of litigants filed a class action complaint against DIRECTV in California Superior Court, alleging violations of state contract law after receiving a series of early termination fees following the...

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In September 2008, Amy Imburgia and a class of litigants filed a class action complaint against DIRECTV in California Superior Court, alleging violations of state contract law after receiving a series of early termination fees following the...

(LIIBULLETIN preview (pre-2014))

Oral argument: October 3, 2011

Appealed from: United States Court of Appeals for the Ninth Circuit (July 9, 2009)

A series of reforms passed by the California Assembly in 2008 and 2009 reduced the state’s payments made to California...

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The Medicaid program authorizes dissemination of federal funds to participating states to reimburse health care providers for services provided to individuals who are eligible for Medicaid. See California Pharmacists Ass’n...

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Petitioner John Howell and Respondent Sandra Howell, residents of Arizona, divorced in 1991. See Brief for Petitioner, John Howell at 8. Mr. Howell, who was anticipating retiring from the Air Force shortly after the divorce, came to an agreement with...

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The Federal Energy Regulatory Commission (“FERC”) regulates interstate electricity markets. To that end, FERC “authorized the creation of ‘regional transmission organizations,’ to oversee [] multistate markets.” See PPL EnergyPlus, LLC v....

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The Federal Energy Regulatory Commission (“FERC”) regulates interstate electricity markets. To that end, FERC “authorized the creation of ‘regional transmission organizations,’ to oversee [] multistate markets.” See PPL EnergyPlus, LLC v....

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On August 26, 2012, police pulled over Respondent Ramiro Garcia for speeding as he drove to work at a restaurant. State v. Garcia at 1114. The officer ran a routine records check on Garcia during the stop, and the results led the officer to contact a...

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Before a drug manufacturer can permanently add warnings to a drug label, the Food and Drug Administration (“FDA”) must approve the addition. In Re Fosamax Alendronate Sodium Prods. Liab. Litig.. There are two different ways to implement this change....

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Issue

Does federal law governing claims against generic pharmaceutical products preempt state law design-defect claims against the makers of those products?

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Facts

In December of 2004, Karen Bartlett’s doctor prescribed her Clinoril for...

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Concerns regarding meat safety arose in 2008 after the Humane Society, a respondent in this case, released a video that showed nonambulatory cows being kicked, electrocuted, and dragged by chains at Westland/Hallmark slaughterhouse in...

(LIIBULLETIN preview (pre-2014))

Oral argument: Nov. 9, 2011

Appealed from: United States Court of Appeals for the Ninth Circuit (Mar. 31, 2010)

In response to the largest beef recall in United States history, California amended its Penal Code to ban the slaughtering of...

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Facts

The Airline Deregulation Act (“ADA”) of 1978 preempts states from enacting or enforcing laws or regulations related to the price, route, or service of an air carrier. In January 1995, the Supreme Court held that complaints associated with...

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Starting in 2005, Respondents Learjet, Inc. and other retail gas purchasers (collectively, “Learjet”), filed claims in both federal and state court alleging that Petitioners Oneok, Inc. and other natural gas traders (collectively, “Oneok”),...

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This case involves a contract dispute between Judge Alex Ferrer, currently arbitrating disputes on the Fox Channel television show, "Judge Alex," and a lawyer, Arnold Preston, who works as personal manager for entertainers. Ferrer v....

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In 2003, Maine adopted a law regulating the shipping and delivery of mail-order tobacco products. See N.H. Motor Transp. Ass'n v. Rowe, 448 F.3d 66, 69-70 (1st Cir. 2006) (describing "An Act to Regulate the Sale of Tobacco...

(LIIBULLETIN preview (pre-2014))

Oral argument: Nov. 28, 2007

Appealed from: United States Court of Appeals, First Circuit (May 19, 2006)

CARRIER, TOBACCO, PREEMPTION, POLICE POWER, FREIGHT, FEDERAL AVIATION ADMINISTRATION AUTHORIZATION ACT

Under Maine law, mail-order...

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Shortly after the second World War, Congress enacted the Atomic Energy Act of 1954 (the “AEA”), which regulates both civilian and military uses of nuclear materials in the United States and promotes the safe use of atomic energy. Virginia Uranium, Inc...

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In 1996, Warner-Lambert Co., a pharmaceutical manufacturer now owned by Pfizer Inc., sought federal Food and Drug Administration ("FDA") approval of Rezulin (troglitazone), a prescription drug intended to treat type 2 diabetes...

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Oral argument: February 25, 2008

Appealed from: U.S. Court of Appeals for the Second Circuit (Oct. 5, 2006)

PERSONAL INJURY, CONFLICT OF LAWS, PREEMPTION, PRESCRIPTION DRUGS, FDA...
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The Confederated Tribes and Bands of the Yakama Nation (“Yakama Nation”) is an Indian Tribe recognized by the federal government. Brief for Respondent, Cougar Den, Inc. at 2. The Yakama Nation and the United States entered into a treaty (“the Treaty”)...

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