Pre-emption Law
Allen Miller v. C.H. Robinson Worldwide, Inc., et al.

Rendo, Nevada - Allen Miller (�Miller�) suffered serious injuries when he was struck by a semi-tractor trailer while driving near Elko, Nevada. Miller sued C.H. Robinson Worldwide, Inc. (�C.H. Robinson�), the freight broker that arranged for the trailer to transport goods for Costco Wholesale, Inc. (�Costco�). Miller alleges that C.H. Robinson negligently selected an unsafe motor carri... More...   $0 (09-28-2020 - NV)

John Doe v. Google, Inc.

San Francisco, CA - Employment Law Lawyer

Google, Inc. and Alphabet, Inc. (collectively, Google), and Adecco USA,
Inc. (Adecco) require their employees to comply with various confidentiality
policies. John Doe, David Gudeman, and Paola Correa, who are current and
former Google and Adecco employees, sued Google and Adecco under the
Labor Code Private Attorneys General Act o... More...
   $0 (09-25-2020 - CA)


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} Plaintiff-appellant, the State of Ohio (the State) appeals the February
26, 2019 judgment e... More...
   $0 (05-13-2020 - OH)

George Melendez v. San Francisco Baseball Associates, LLC

Under Californias labor laws, [i]f an employer discharges
an employee, the wages earned and unpaid at the time of
discharge are due and payable immediately. (Lab. Code, 201,
subd. (a).) Plaintiffs, security guards at what used to be named
AT&T Park in San Francisco and is now named Oracle Park (the
park), are suing San Francisco Baseball Associates LLC (the
Giants) for... More...
   $0 (04-28-2019 - CA)

In Re: Elena Hernandez

When Elena Hernandez filed a voluntary Chapter 7 bankruptcy petition in December 2016, she reported one sizable asset: a pending workers compensa-tion claim valued at $31,000. To place that claim beyond the reach of credit... More...
   $0 (03-18-2019 - IL)


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   $0 (12-03-2018 - KS)

Jill Sikkelee v. Precision Airmotive Corporation, et al.

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David Sikkelee died in a plane crash, and his wife, Plaintiff Jill Sikkelee, brought state-law stric... More...
   $0 (11-03-2018 - PA)

Shavonda Hawkins v. The Kroger Company

Trans fat has become increasingly recognized as a
dangerous substance and a leading cause of numerous serious
ailments, including heart disease and diabetes. Food and Drug
Administration (FDA) regulations govern the information
reported within a food products Nutrition Facts Panel on the
products label.1 As for trans fat, FDA regulations provided,
at all relevant times,... More...
   $0 (10-09-2018 - CA)

Alejandro Lupian v. Joseph Cory Holdings, LLC

Alejandro Lupian, Juan Lupian, Isaias Luna, Jose
Reyes, and Efrain Lucatero (collectively, the Drivers) are
professional delivery drivers who separately contracted to
provide equipment and services to Joseph Cory Holdings LLC
(Joseph Cory), a motor carrier and... More...
   $0 (09-27-2018 - NJ)

Post Foods, LLC v. The Superior Court of Los Angeles, Richard Sowinski, Real Party in Interest

Petitioners Post Foods, LLC, General Mills, Inc., General
Mills Sales, Inc., and Kellogg USA, Inc. petition for a writ of
mandate directing the superior court to vacate its June 26, 2017
order denying their motion for summary judgment and issue an
order granting the motion. We issued a stay pending this Courts
resolution of the petition and an order to show cause why a writMore...
   $0 (07-17-2018 - CA)

Port Medical Wellness, Inc. v. Connecticut General Life Insurance Company

Port Medical Wellness, Inc. (Port Medical) sued the
International Longshore & Warehouse UnionPacific Maritime
Association Welfare Plan (Plan), its Board of Trustees (Board),
and its former claims administrator, Connecticut General Life
Insurance Company (Connecticut General), seeking payment for
health care services provided to persons eligible for benefits
under the Plan.... More...
   $0 (06-02-2018 - CA)

Kimmy McNair and Larry McNair v. Johnson & Johnson, Janssen Pharmaceuticals, Inc. and Ortho-McNeil Pharmaceutical, Inc. Morelaw Internet Marketing for Legal Professionals We Turn Your Successes Into Marketing Call Today! 888-354-4529

This matter is before this Court upon a June 9, 2017, order of the United
States Court of Appeals for the Fourth Circuit certifying the following question:
Whether West Virginia law permits a claim of failure to warn and negligent misrepresentation against a branded drug manufacturer when the drug ingested was produced by a generic manufacturer.
By order dated August 30, 2017, this Cou... More...
   $0 (05-11-2018 - WV)

Walter Shuker; Vivian Shuker v. Smith & Nephew, P.L.C.; Smith & Nephew, Inc. Eastern District of Pennsylvania Federal Courthouse - Philadelphia, Pennsylvania

With the Medical Device Amendments of 1976, Congress added comprehensive medical device approval processes to the Federal Food, Drug, and Cosmetic Act, prescribing tiers of federal requirements for certain devices corresponding to the devices inherent risk level. In exchange for compliance with the strictest federal mandates, Congress afforded manufacturers express preemption from state laws impo... More...   $0 (03-02-2018 - PA)

Clayton Byrd v. Tennessee Wine and Spirits Retailers Association Middle District of Tennessee - Estes Kefauver Federal Courthouse Nashville, Tennessee

Defendant-Appellant Tennessee Wine and Spirits Retailers Association (Association) appeals the district courts order granting summary judgment regarding 57-3-204(b) of Tennessee Code Annotated. Under 57-3-204(b), to
receive a retailer-alcoholic-beverages license, a person, corporation, or firm needs to be a
Tennessee resident for at least two years, and to renew a license, there is ... More...
   $0 (02-26-2018 - TN)

Solas Industrial Innovation, LLc v. The Superior Court of Orange County, The People, Real Party in Interest

The Orange County District Attorney brought an action for civil penalties
under this states unfair competition law (UCL; Bus. & Prof. Code, 17200) and
fair advertising law (FAL; id., 17500) against an employer. The action alleged
the employer violated workplace safety standards established by the state
occupational safety and health law (Cal/OSHA; Lab. Code, 6300 et seq.) an... More...
   $0 (02-11-2018 - CA)

T.H., a Minor, etc. v. Novartis Pharmaceuticals Corporation California Supreme Court Building - Sacamento, California

Under California law, a brand-name drug manufacturer has a duty to warn
of known or reasonably knowable adverse effects arising from an individuals use
of its drug. (See Stevens v. Parke, Davis & Co. (1973) 9 Cal.3d 51, 65.) In this
case, we examine whether and if so, under what circumstances a brandname
drug manufacturer may be sued under a theory of warning label liability... More...
   $0 (12-25-2017 - CA)

Patricia Arellano v. Clark County Collection Service, LLC; Borg Law Group, LLC Ninth Circuit Court of Appeals Courthouse - San Francisco, California

Can a debt collector avoid liability under the Federal Fair
Debt Collection Practices Act by obtaining the debtors
lawsuit through a writ of execution? We conclude that such
a procedure frustrates the Acts purpose and is thus


Patricia Arellano was overdue on a small amount of
medical debt$371.89 to be precise. A private collection
agency, C... More...
   $0 (11-19-2017 - NV)

Francisco Diaz v. Professional Community Management, Inc.

A sharp practice is defined as a dealing in which advantage is taken or
sought unscrupulously. (Websters 3d New Internat. Dict. (2002) p. 2088.) This is an
appeal borne of sharp practices.
Defendant Professional Community Management, Inc. (PCM), unilaterally
orchestrated the issuance of an appealable order by: (1) applying ex parte, a mere 11 days
before trial, for an orde... More...
   $0 (11-09-2017 - CA)

Thomas Rael v. Smith's Food and Drug Centers, Inc. Tenth Circuit Court of Appeals Courthouse - Denver, Colorado

Thomas Rael appeals the district courts dismissal of his state law tort claims
as preempted by 301 of the Labor Management Relations Act (LMRA),
29 U.S.C. 185(a). Exercising jurisdiction under 28 U.S.C. 1291, we affirm.
I. Factual Background
Rael worked for Smiths Food and Drug Centers as a meat cutter for 25 years
until he resigned in December 2014. The terms o... More...
   $0 (11-07-2017 - CO)

ASSN. DES ELEVEURS DE CANARDS V. XAVIER BECERRA Ninth Circuit Court of Appeals - San Francisco, California

In 2004, California passed legislation to prohibit the practice of force-feeding ducks or geese to produce foie gras, an expensive delicacy made from their liver. California determined that the force-feeding process, which typically involves inserting a 10- to 12-inch metal or plastic tube into the birds esophagus to deliver large amounts of concentrated food, is cruel and inhumane. The state the... More...   $0 (09-15-2017 - CA)

Tajie Major v. R.J. Reynolds Tobacco Company

William E. Major smoked two packs of cigarettes a day, on
average, from 1961 to 1989. He was diagnosed with lung cancer
in 1997, and died a year later. His wife, plaintiff Tajie Major,
brought suit against several manufacturers of cigarettes Major
had smoked, as well as manufacturers of asbestos to which he
had been exposed, alleging that Majors smoking and his asbestos
ex... More...
   $0 (08-31-2017 - CA)


Martha Martinez came to Muscatine with her parents in 1997 when she was eleven years old. She attended Muscatine public schools and worked for several different employers in Muscatine County. When she was seventeen years old, Martinez applied for and obtained an Iowa drivers license. She used a birth certificate in the name of Diana Castaneda, a person with a social security number, to obtain ... More...   $0 (06-14-2017 - IA)

Theresa Graham v. R.J Reynolds Tobacco Company, et al.

This appeal presents the questions whether due process forbids giving a
jurys findings of negligence and strict liability in a class action against cigarette
manufacturers preclusive effect in a later individual suit by a class member and, if
not, whether federal law preempts the jurys findings. Florida smokers and their
survivors filed a class action against several tobacco comp... More...
   $0 (05-18-2017 - FL)


It is the combination of errors in this prosecution that leads us to conclude that Jasso-Mendoza did not receive a fair trial. The confusing jury instructions, the judge's failure to answer the jury's question, and the prosecutor's misstatement of the law, when combined, all create an error that we cannot label as harmless. We must reverse and remand for a new trial.

Reversed and rema... More...
   $0 (05-17-2017 - KS)


This case follows a long line of cases decided in light of Engle v. Liggett
Group, Inc. (Engle III), 945 So. 2d 1246 (Fla. 2006). In Engle, a group of smokers
and their survivors filed a class action against major tobacco companies for
damages allegedly caused by smoking-related injuries. Id. at 1256.2 Among other
things, the class sought compensatory damages based on variou... More...
   $0 (04-08-2017 - FL)

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