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NARUSCA v. FCC: Federalism, Line Item Billing, and the Future of Wireless Consumer Protection ( June 2008 )
States can regulate line items in customer billing for cellular wireless services. The Supreme Court left standing a Eleventh Circuit Court of Appeals decision that state truth-in-billing rules for wireless are not preempted under federal law. Here follows a look back at the Eleventh Circuit's ruling, as well as a short take on the past, present, and possible future of wireless consumer protection regulation. -
Proposition 65 Plaintiffs Attacking Meat Industry Being Met With Preemption Argument ( May 2005 )
Last year, the California Supreme Court issued its decision in Dowhal v. SmithKline Beecham Consumer Healthcare, holding that when a Proposition 65 warning directly conflicts with requirements under federal law, the federal requirement prevails. -
Products Liability Preemption Debate Awaits New Supreme Court Directive ( October 2004 )
The U.S. Supreme Court will hear a federal preemption case in its 2004-05 term involving the Federal Insecticide, Fungicide and Rodenticide Act, 7 U.S.C. §§ 136-137 (FIFRA). The question presented in <i>Bates v. Dow Agrosciences LLC</i>, 03-388, is "[w]hich, if any, state law crop injury claims are preempted FIFRA?" -
Implications of Beneficial National Bank v. Anderson on Banking Law and the Complete Preemption Doctrine ( September 2004 )
The decision by the United States Supreme Court in Beneficial National Bank v. Anderson, holding that the National Bank Act completely preempted state usury law claims against nationally chartered, federally insured banks, has significant impact on the doctrine of complete preemption, not only within the realm of usury claims, but within the umbrella of other federal laws as well. The net effect of the decision has already allowed (and will continue to allow) the removal of suits based on claims arising under other areas of federal law. -
Aviation Law Alert: April 15, 2004 ( April 2004 )
On April 13, 2004, the United States Court of Appeals for the Fifth Circuit filed its decision finding that, in a case involving deep vein thrombosis on a domestic flight, an airline passenger's tort claims are preempted by the Airline Deregulation Act of 1978. The trial court's decision to the contrary was reversed and judgment was rendered in favor of the airline. -
The Evolving Standard for ERISA Preemption of State Law Under Recent United States Supreme Court Precedent ( July 1999 )
The Employee Retirement Income Security Act ("ERISA") was passed in 1974. The purpose of ERISA was to "promote . -
Minnesota Striker Replacement Act Preempted By Federal Labor Law ( April 1994 )
The Minnesota Supreme Court recently published its long-awaited decision striking down the Minnesota Striker Re.
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