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Tag Archives: pre-emption

Supreme Court, Erie County — Pre-emption: In the Matter of the Air Crash near Clarence Center

Supreme Court, Erie County Pre-emption Federal Aviation Regulations — Standard of Care In the Matter of the Air Crash near Clarence Center 13176/2009 Justice Marshall Background: The defendants moved for an order directing that the plaintiffs’ claims be subject to ...

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Second Circuit — ERISA: Arditi v. Lighthouse Int’l

U.S. Court of Appeals for the Second Circuit ERISA Pre-emption Arditi v. Lighthouse Int’l 11-423-cv Judges Straub, Chin and Preska Background: The district court had found that the plaintiff’s claims were preempted by the Employee Retirement Income Security Act because ...

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Court of Appeals — Martin Act: Assured Guaranty (UK) Ltd. v. J.P. Morgan Investment Management Inc.

New York State Court of Appeals Martin Act Pre-emption — Common-law Claims Assured Guaranty (UK) Ltd. v. J.P. Morgan Investment Management Inc. No. 227 Judge Graffeo Background: The plaintiff commenced a cause of action alleging that the defendant breached its ...

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Fourth Department — Property Inspection Warrants: Cermak v. City of Rochester

Appellate Division, Fourth Department Property Inspection Warrants Pre-emption — Fourth Amendment Cermak v. City of Rochester CA 11-00089 Appealed from Supreme Court, Monroe County Background: The city requires that rental properties have a valid certificate of occupancy, which must be ...

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Second Circuit — Fair Credit Reporting Act: Macpherson v. JP Morgan Chase Bank N.A.

U.S. Court of Appeals for the Second Circuit Fair Credit Reporting Act Pre-emption — False Information Macpherson v. JP Morgan Chase Bank N.A. 10-3722-cv Judges Pooler, B.D. Parker and Carney Background: The plaintiff appealed from the dismissal of his state common ...

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Fourth Department — ERISA: Runfola v. Siegel, Kelleher & Kahn

Appellate Division, Fourth Department ERISA Pre-emption — Long-term Disability Runfola v. Siegel, Kelleher & Kahn CA 11-01106 Appealed from Supreme Court, Erie County Background: The plaintiff, a former partner in defendant law firm, commenced an action for breach of contract, ...

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Court of Appeals — Pre-emption: New York State Attorney General v. First American Corporation, et al.

New York State Court of Appeals Pre-emption Real Estate Appraisal Reports New York State Attorney General v. First American Corporation, et al. No. 184 Judge Ciparick Background: The New York state attorney general brought an action seeking injunctive, monetary relief, ...

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Federal law pre-empts state divorce ruling

The $400,000 life insurance benefits of a deceased Wayne County soldier will go to his father, not his children as he had indicated as part of a divorce settlement. U.S. District Court Judge Michael A. Telesca ruled this week that he is bound by federal law ...

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