Tags » Preemption

AZ Appeals Court Holds State Statute Prohibiting Outright Municipal Bans on “Sign Walkers” Regulated a Matter of Statewide Interest and Preempted Municipal Ordinance

Arizona Revised Statutes (“A.R.S.”) § 9–499.13, as amended in 2014, prohibits outright municipal bans on sign walkers, i.e., persons who wear, hold, or balance a sign. 387 more words

Current Caselaw

WI Appeals Court Finds City Ordinance Conflicted with a Preemptive State Statute Addressing Parking Signs

Mark Slusarczyk was cited for violating City of Eagle River, Wis., Zoning Ordinance § 106–683, which provides: “Off-premises signs are allowed by a conditional grant. One double-sided sign is allowed per business with a maximum size of 180 square feet per side.” The citation he received stated that Slusarczyk had an “off premise sign on property promoting other business activity.” The City of Eagle River, Wis., Zoning Ordinance § 106–631 defined an off-premises sign as “a sign which directs attention to a business, product, service, or entertainment not conducted, sold or offered upon the property where such sign is located.” Slusarczyk appealed a trial court judgment finding he violated a City of Eagle River sign ordinance. 301 more words

Current Caselaw

Trade Secrets and Removal Based on Copyright Preemption

Jurisdiction and removal may not sound like hot topics, but these considerations are critical and sometimes dispositive. Real talk: Certain state court systems are terrible places to litigate. 1,497 more words

Trade Secrets

A Momentous Court Decision May Hurt Bank Lending Powers

Written by: Barkley Clark and Mike Lochmann

In a recent decision that has sent shockwaves through the banking industry, a federal appellate court in New York has ruled that, for usury purposes, … 82 more words

Client Alerts

Barber Papers (prologue): Stuntz Surveys Superior City 1852-54

By Amorin Mello

In our Penoka Survey Incidents series earlier this year, we followed some of the adventures and schemes of Albert Conrad Stuntz circa 1857.   6,823 more words

1850s

What claims work when D allegedly drives P down in Google rank through copying?

Ryoo Dental, Inc. v. Han, 2015 WL 4208580, No. 15–308 (C.D.
Cal. Jul. 9, 2015)

Ryoo Dental, a dental practice, had a website to promote its… 374 more words

Ninth Circuit Holds Cosmetic Labeling Claims Not Preempted by FDCA, Primary Jurisdiction Appropriately Invoked

In April 2015, the Ninth Circuit held in a cosmetic labeling class action that the Food, Drug, and Cosmetic Act (FDCA) did not expressly preempt state causes of action predicated on federal cosmetics labeling laws and that the primary jurisdiction doctrine was appropriately invoked by the district court.  705 more words

Consumer Class Actions