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Pre-emption Law
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)

Teva Pharmaceuticals USA, Inc. v. Olga Pikerie

Plaintiff suffered injuries, allegedly as a result of ingesting a brand-name drug and its generic equivalents. She sued the manufacturers of both the brand-name drug and its generic equivalents. Although plaintiff asserts 11 separate causes of action, the gist of her claims against all defendants is the same—they failed to produce a safe product, failed to adequately warn plaintiff of the safety... More...   $0 (06-13-2013 - CA)

Tarrant Regional Water District v. Rudolf John Herrmann

The Red River Compact, (or Compact), 94 Stat. 3305, allocates water rights among the States within the Red River basin as it winds through Texas, Oklahoma, Arkansas, and Louisiana. Petitioner Tarrant Regional Water District (Tarrant), a Texas agency, claims that it is entitled to acquire water under the Compact from within Oklahoma and that therefore the Compact preempts several Oklahoma statutes ... More...   $0 (06-13-2013 - OK)

Jaqueline Hillman v. Judy A.Maretta

The Federal Employees’ Group Life Insurance Act of 1954 (FEGLIA)establishes an insurance program for federal employees. FEGLIA permits an employee to name a beneficiary of life insurance proceeds, and specifies an “order of precedence” providing that an employee’s death benefits accrue first to that beneficiary ahead of other potential recipients. 5 U. S. C. §8705(a). A Virginia statute r... More...   $0 (06-03-2013 - DC)

Douglas K. McDaniel v. Wells Fargo Investment, LLC

We must decide whether federal securities law preempts the enforcement of California’s forced-patronage statute against brokerage houses that forbid their employees from opening outside trading accounts.



Federal law requires brokerage firms to take measures reasonably designed to prevent their employees from misusing material, nonpublic information. To meet that obligati... More...
   $0 (04-09-2013 - CA)

Waste Connections of Kansas, Inc. v. Ritchie Corporation

This is a $550,000 price dispute arising out of plaintiff's right of first refusal to purchase a Wichita waste transfer station from defendant. The catalyst was a third-party's agreement to buy the transfer station and an adjoining landfill as a package deal or to buy the landfill alone.

The district court judge granted summary judgment to defendant Ritchie Corporation (Ritchie). A panel ... More...
   $0 (03-31-2013 - KS)

Wos, Secetary, North Carolina Department of Health and Human Services v. E.M.A.

The federal Medicaid statute’s anti-lien provision, 42 U. S. C. §1396p(a)(1), pre-empts a State’s effort to take any portion of a Medicaid beneficiary’s tort judgment or settlement not “designated aspayments for medical care,” Arkansas Dept. of Health and Human Servs. v. Ahlborn, 547 U. S. 268, 284. A North Carolina statute requires that up to one-third of any damages recovered by a ben... More...   $0 (03-30-2013 - NC)

State of Oklahoma ex rel. Edmonson v. Native Wholesale Supply

The State of Oklahoma ex rel Edmonson sued Native Wholesale Supply claiming it violated the Oklahoma Tobacco Master Settlement Agreement Complementary Act by selling cigarettes in Oklahoma without being on the approved list required for sales to the public. The cigarettes that were the subject to the lawsuit had been removed from the list in 2006.

The defenses asserted by the Defendant a... More...
   $47767795 (03-30-2013 - )

Eleanor Pulgenzi v. Pliva, Inc.

This case involves a state tort suit brought by Eleanor Fulgenzi against the generic-drug manufacturer PLIVA, Inc., for failure to adequately warn of the risks of developing tardive dyskinesia from extended treatment with metoclopramide. The question is whether the Food, Drug, and Cosmetic Act preempts such suits. In 2009, the Supreme Court held that with respect to branded drug manufacturers, sta... More...   $0 (03-13-2013 - OH)

Michelle Gilstrap v. United Air Lines, Inc.

Michelle Gilstrap has difficulty walking because of osteoarthritis and other health problems. She alleges that, on two airplane trips in 2008 and 2009, United Air Lines (“United”) did not provide her with adequate assistance moving through the airport and that she suffered physical and emotional injuries as a result. Gilstrap sued United, alleging several causes of action under California stat... More...   $0 (03-12-2013 - CA)

American Family Mutual Ins. Co v. Richard Hollander

American Family Mutual Insurance Company ("American Family") appeals the district court's1 order denying its motion for judgment as a matter of law or, in the alternative, for a new trial and awarding Richard N. Hollander $261,781.53 in attorney's fees pursuant to section 91A.8 of the Iowa Wage Payment Collection Law ("IWPCL"). We affirm.


American Family is a mutual insurance c... More...
   $0 (02-01-2013 - IA)

Freddy D'Agastino v. The City of Miami

This is an appeal from a final judgment entered on cross motions for summary judgment. Appellants contend, as they argued below, that section 112.533(1), Florida Statutes (2007), provides the exclusive means to investigate allegations of police misconduct, and the City of Miami Ordinance creating a Civilian Investigative Panel (CIP) to oversee the sworn police department directly conflicts with th... More...   $0 (01-27-2013 - FL)

Fresenius Medical Care Holdings, Inc. v. Elisabeth Tucker, M.D.

This case involves a constitutional challenge to Florida’s “Patient Self-Referral Act of 1992” (the “Florida Act”), FLA. STAT. § 456.053, which prohibits Florida physicians from referring their patients for services to business entities in which the referring physicians have a financial interest. Appellants Fresenius Medical Care Holdings, Inc., DVA Renal Healthcare, Inc., and Davita, I... More...   $0 (01-10-2013 - FL)

Richard Stengel v. Medtronic, Incorporated

Plaintiffs Richard and Mary Lou Stengel sued Medtronic under state law when a medical device manufactured by Medtronic rendered Richard permanently paraplegic. Medtronic moved to dismiss the Stengels’ complaint, contending that the Medical Device Amendments (“MDA”) to the Food, Drug, and Cosmetic Act (“FDCA”) preempted their state-law claims. The Stengels moved to amend their complaint t... More...   $0 (01-10-2013 - AZ)

Grocers Supply, Inc. v. Jose Luis Cabello

Grocers Supply. Inc. and its driver, Jose Narciso Sanchez, appeal a jury award of damages to brothers Jose, Angel. and Ramiro Cabello resulting from the collision of Grocers’s tractor trailer with Angel’s and Jose’s pickup trucks. They contend federal law preempts submission of lost-wage claims of litigants who do not have the legal right to work in the United States. In three additional iss... More...   $0 (12-25-2012 - )

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