Pre-emption Law
 
In the Interest of K. S., a child

D.S. appeals the termination of her parental rights to K.S. and raises seven issues on appeal. We affirm.
BACKGROUND
D.S. is the mother of K.S., who was born on March 14, 2011; both are from Oklahoma City, Oklahoma.1 D.S. and K.S. had been traveling through Texas when a report of neglectful supervision was reported at a Texas hospital, which led to the ultimate removal of K.S. from D.S.‟... More...
   $0 (08-21-2014 - TX)

Theresa Huck v. Wyeth, Inc. d/b/a Schwarz Pharma,Inc. and PLIVA, Inc.

This products liability action against pharmaceutical companies presents several issues involving the interplay between state tort law and federal prescription drug regulation. This case is one of many litigated in state and federal courts nationwide alleging severe side effects from prolonged use of metoclopramide, sold under the brand name Reglan and as a competing generic formulation. The plain... More...   $0 (07-11-2014 - IA)

Mickey Lee Dilts v. Penske Logistics, LLC

Plaintiffs, a certified class of drivers employed by
Defendants Penske Logistics, LLC, and Penske Truck
Leasing Co., L.P., appeal from a judgment dismissing their
claims under California’s meal and rest break laws. The
district court held on summary judgment that the Federal
Aviation Administration Authorization Act of 1994
(“FAAAA”) preempts those state laws as appli... More...
   $0 (07-09-2014 - CA)

Michigan v. Bay Mills Indian Community

The State of Michigan, petitioner, entered into a compact with respondent Bay Mills Indian Community pursuant to the Indian Gaming Regulatory Act (IGRA). See 25 U. S. C. §2710(d)(1)(C). The compact authorizes Bay Mills to conduct class III gaming activities (i.e., to operate a casino) on Indian lands located within the State’s borders, but prohibits it from doing so outside that territory. Bay ... More...   $0 (05-27-2014 - DC)

Scott R. Wolfe v. BNSF Railway Company

Plaintiff-Appellant Scott Wolfe (“Wolfe”) appeals the district court’s order granting summary judgment in favor of Defendant-Appellee BNSF Railway Company (“BNSF”) on Wolfe’s claims under Montana Code Annotated (“MCA”) § 39-2-703. We have jurisdiction pursuant to 28 U.S.C. § 1291. We affirm in part, reverse in part, and remand for further proceedings.

FACTUAL AND PROCEDU... More...
   $0 (04-23-2014 - MT)

Kevin Grupp v. DHL Express (USA), Inc.

In this action filed by Kevin Grupp and Robert Moll (Relators) on behalf of the State of California (State) pursuant to the California False Claims Act (Gov. Code, § 12650 et seq.) (the State Act), the question presented is whether an action alleging DHL Express (USA), Inc., DHL Worldwide Express, Inc. and DPWN Holdings (USA), Inc. (collectively DHL) overcharged and fraudulently billed the State ... More...   $0 (04-11-2014 - CA)

Kevin Grupp v. DHL Express (USA), Inc., et al.

In this action filed by Kevin Grupp and Robert Moll (Relators) on behalf of the State of California (State) pursuant to the California False Claims Act (Gov. Code, § 12650 et seq.) (the State Act), the question presented is whether an action alleging DHL Express (USA), Inc., DHL Worldwide Express, Inc. and DPWN Holdings (USA), Inc. (collectively DHL) overcharged and fraudulently billed the State ... More...   $0 (04-11-2014 - CA)

William R. Schlecht v. Kimberly B. Schlecht

William R. Schlecht challenges the trial court’s amended qualified domestic relations order (“QDRO”), arguing that it impermissibly modifies the parties’ final divorce decree and original QDRO. We affirm the judgment of the trial court. 04-13-00183-CV

BACKGROUND

Kimberly B. Schlecht filed a petition for divorce in 2009. Kimberly and William entered into a mediated settlement ... More...
   $0 (04-02-2014 - TX)

Calvin Barton v. House of Raeford Farmers, Inc. d/b/a Columbia Farms

Numerous former employees and some current employees of House of Raeford Farms, Inc., d/b/a Columbia Farms, Inc., (“Columbia Farms”), a chicken processor in Greenville, South Carolina, commenced three separate actions against Columbia Farms, asserting two types of claims: first, for the payment of unpaid wages, withheld in violation of the Fair Labor Standards Act (“FLSA”), 29 U.S.C. § 20... More...   $0 (03-12-2014 - SC)

R.P. v. K.S.W.

¶1 R.P., an alleged biological father, appeals from the district
court’s dismissal of his petition to establish paternity under the
R.P. v. K.S.W. and D.R.W.
2. Unless otherwise specifically noted, all citations to the Utah Code
are to the 2012 edition of the Utah Code Annotated.
20120559-CA 2 2014 UT App 38
Utah Uniform Parentage Act (the UUPA). See Utah Code Ann.
... More...
   $0 (02-21-2014 - UT)

Arthur L. Drager v. Pliva USA, Inc.

Appellant Arthur Drager, as personal representative of the estate of Shirley Gross, seeks reversal of the district court’s denial of Gross’s request to amend her complaint and its dismissal of her state common law tort claims against appellee PLIVA USA, Inc. for injuries sustained as a result of her use of a drug it manufactured. Drager contends on appeal that the proposed amendments were not ... More...   $0 (01-28-2014 - MD)

Rosario Nativi v. Deutche Bank National Trust Company

In May 2009, the United States Congress enacted the Protecting Tenants Against Foreclosure Act of 2009 (PTFA or Act) (Pub.L. 111-22, Div. A, Title VII, §§ 702-704, May 20, 2009, 123 Stat. 1660) and, in 2010, the Congress amended it (Pub.L. 111-203, Title XIV, § 1484, July 21, 2010, 124 Stat. 2204).1 The Act provides protections for bona fide tenants of residential real property at foreclosure f... More...   $0 (01-23-2014 - CA)

Michelle Quesada v. Herb Thyme Farms, Inc.

In this case of first impression, we address whether the federal Organic Foods Production Act of 1990 (OFPA or the Act) (7 U.S.C. § 6501 et seq.),1 which governs the labeling of agricultural products as ―organic‖ and ―USDA Organic,‖ preempts state consumer lawsuits alleging violations of the Act or violations of California‘s federally approved state organic program (SOP), which is codif... More...   $0 (12-23-2013 - CA)

Nathan D. La Moure v. Robin La Moure

This matter arises out of the dissolution of Nathan D. La Moure’s marriage to Robin La Moure and consequential division of assets, including Nathan’s defined benefit pension plan (pension plan). Nathan appeals two orders: (1) a July 23, 2010 order restraining disbursements from Nathan’s pension plan and (2) a December 1, 2010 order granting reconsideration of the court’s October 18, 2010 o... More...   $0 (12-11-2013 - CA)

Gloria Strayhorn v. Wyeth Pharmaceuticals, Inc.

These seven consolidated cases are among the many that have been filed nationwide against the manufacturers of both the prescription drug Reglan and its generic equivalent, metoclopramide. The plaintiffs allege that they ingested generic metoclopramide and, as a result, developed a serious neurological disorder known as tardive dyskinesia. They filed suit against both the generic and brand-name ma... More...   $0 (12-02-2013 - )

Patriotic Veterans, Inc. v. State of Indiana

Legislators in the State of Indiana believe that the bulk of its citizens find automated telephone messages to be an annoyance, and one worthy of government protection. These types of telephone calls are made by

2 No. 11‐3265

an automatic dialing‐announcing device that (according to Indiana’s definition) selects and dials telephone numbers and disseminates a prerecorded or synt... More...
   $0 (11-21-2013 - IN)

Sonic-Calabasas A, Inc. v. Frank Moreno

In Sonic-Calabasas A, Inc. v. Moreno (2011) 51 Cal.4th 659 (Sonic I), we held as a categorical rule that it is contrary to public policy and unconscionable for an employer to require an employee, as a condition of employment, to waive the right to a Berman hearing, a dispute resolution forum established by the Legislature to assist employees in recovering wages owed. We further held that our rule ... More...   $0 (10-17-2013 - CA)

Charles Sheffer v. Buffalo Run Casino, PTE, Inc.

¶0 Charles Sheffer, Jennifer Sheffer, and their minor son, J.S., were injured when their 18-wheeler tractor trailer collided with a rental vehicle leased to William Garris and driven by David Billups, both employees of Carolina Forge Company, L.L.C. Plaintiffs sued Carolina Forge on theories of respondeat superior and negligent entrustment. They also sued the Buffalo Run Casino, the Peoria Tribe ... More...   $0 (10-13-2013 - OK)

Valle Del Sol, Inc. v. State of Arizona

Plaintiffs challenge Arizona Revised Statutes § 13-2929, which attempts to criminalize the harboring and transporting of unauthorized aliens within the state of Arizona.1 The

_____________________

1 We use the term “unauthorized aliens” to refer to aliens who have entered or are present in the United States in violation of federal immigration law. This is the same convention... More...
   $0 (10-08-2013 - AZ)

National Association of Tobacco Outlets, Inc. v. City of Providence, Rhode Island

This case involves two ordinances enacted by the City of Providence, Rhode Island, (the “City”) to reduce the incidence of tobacco use by young people. The ordinances (1) restrict the City’s tobacco and cigarette retailers from reducing prices on tobacco products by means of coupons and certain multi-pack discounts (the “Price Ordinance”); and (2) restrict sales of certain flavored toba... More...   $0 (09-30-2013 - RI)

National Collegiate Athletic Associaiton v. Governor of the State of New Jersey

Betting on sports is an activity that has unarguably increased in popularity over the last several decades. Seeking to address instances of illegal sports wagering within its borders and to improve its economy, the State of New Jersey has sought to license gambling on certain professional and amateur sporting events. A conglomerate of sports leagues, displeased at the prospect of State-licensed ga... More...   $0 (09-17-2013 - )

Susan Schrock v. Wyeth, Inc.

Susan and Steven Schrock filed suit against brand-name and generic manufacturers of the drug metoclopramide, alleging that Susan Schrock’s use of generic metoclopramide caused her to develop tardive dyskinesia, a neurological disorder characterized by involuntary body movements. The district court dismissed all claims in favor of the manufacturers in a series of orders. On appeal, the Schrocks c... More...   $0 (08-28-2013 - OK)

Joseph Brown v. United Airlines, Inc.

These appeals pose a question of first impression: Can the plaintiffs, skycaps affiliated with two major airlines, maintain common-law actions for unjust enrichment and tortious interference based on the airlines' imposition and retention of baggage-handling fees for curbside service? Concluding, as we do, that the plaintiffs' actions intrude into a no-fly zone demarcated by the preemption provisi... More...   $0 (07-09-2013 - MA)

Mutual Pharmaceutical Co., Inc. v. Karen Bartlett

We must decide whether federal law pre-empts the New Hampshire design-defect claim under which respondent Karen Bartlett recovered damages from petitioner Mutual Pharmaceutical, the manufacturer of sulindac, a generic nonsteroidal anti-inflammatory drug (NSAID). New Hampshire law imposes a duty on manufacturers to ensure that the drugs they market are not unreasonably unsafe, and a drug’s safety... More...   $0 (06-24-2013 - DC)

State of Arizona v. Inter Tribal Council of Arizona

The National Voter Registration Act requires States to “accept and use” a uniform federal form to register voters for federal elections. The contents of that form (colloquially known as the Federal Form) are prescribed by a federal agency, the Election Assistance Commission. The Federal Form developed by the EAC does not require documentary evidence of citizenship; rather, it requires onl... More...   $0 (06-17-2013 - AZ)

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