Tags » Preemption

Court rejects Zippo jurisdiction test but allows suit over alleged copying

Kindig It Design, Inc. v. Creative Controls, Inc., — F. Supp.
3d —-, 2016 WL 247574, No.
2:14-cv-00867 (D. Utah Jan. 20, 2016)

Mostly a personal jurisdiction ruling in this… 732 more words

4th Circuit Court of Appeals Holds Local Zoning Limitation on Modification of Telecommunication Facilities Based on Prior Agreements to Not Modify Those Facilities was Preempted by the Spectrum Act

This case was an administrative appeal challenging rules promulgated by the Federal Communications Commission (“FCC”). As part of a coalition of local authorities, Montgomery County, Maryland, petitioned for review of the FCC’s October 17, 2014 Order, which issued rules implementing Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012, 47 U.S.C. 455 more words

Current Caselaw

High Court's Cert Denial Should Put an End to Novel Anti-Preemption Claim in Medical-Device Suits

Guest Commentary

by Matthew A. Reed, Sedgwick LLP

When plaintiffs bring state tort causes of action against the manufacturers of medical devices that have passed the Food and Drug Administration’s (“FDA”) rigorous pre-market approval (“PMA”) process, they enter a realm highly regulated by the federal government, and thus face a daunting task to avoid dismissal of their claims. 873 more words

Civil Justice & Litigation

Supreme Court's First 2016 Conference Yields Positive Results for Free-Enterprise Advocates—and Reason to Hope for More

The U.S. Supreme Court held its first Conference of 2016 on Friday, January 8, where it considered cert petitions in several high-profile cases impacting free enterprise. 652 more words

Civil Justice & Litigation

Discovering Docker Volume Plugins and Applications with VirtualBox

Welcome to the New Year!  Did you have a chance to get your hands on external volumes with Docker in 2015?  If not, we have some very cool stuff to share to help get you started. 1,085 more words

EMC {code}

Sixth Circuit Ruling Shows Preemption is Possible in Brand-Name Drug Design-Defect Cases

Most product-liability claims against drug manufacturers fall into one of two categories—the plaintiff alleges that his/her injury was caused by: (1) the manufacturer’s failure to include adequate safety warnings on its label; or (2) a defect in the drug’s design. 1,237 more words

Civil Justice & Litigation

National Ambient Air Quality Standards Do Not Preempt Findings of Adverse Effects in a Special Exception applicant for a large gas station

Editor’s Note: Thank you to Jeff Zyontz, Legislative Attorney, Montgomery County Council for submitting this summary.

Costco’s application for a 16 pump gas station special exception at a regional mall was denied by the Board of Appeals after 37 days of hearings over the course or 17 months and their acceptance of a 262 page report by the Hearing Examiner. 311 more words

Current Caselaw