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Tag Archives: preemption

Second Circuit — Preemption: Starr International Co., Inc. v. Federal Reserve Bank of New York

U.S. Court of Appeals for the Second Circuit Preemption State Fiduciary Duty Law — Financial Bailout Starr International Co., Inc. v. Federal Reserve Bank of New York 12-5022-cv Judges Walker, Livingston and Chin Background: The plaintiff appealed from a judgment ...

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ERISA: Montefiore Medical Center v. Teamsters Local 272, et al.

U.S. Court of Appeals for the Second Circuit ERISA Breach of Contract — Preemption Montefiore Medical Center v. Teamsters Local 272, et al. 10-1451-cv Circuit Judges Cabranes, Pooler and Chin Background: On appeal from the U.S. District Court for the ...

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Ruling makes implied preemption harder

The U.S. Supreme Court’s decision in Williamson v. Mazda will make it harder for defendants to prove implied preemption in product liability cases, and nearly impossible in auto safety cases.

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Debate over preemption for generics

About 500 lawsuits have been filed nationwide alleging severe neurological injuries caused by the drug Reglan and generic counterparts used to treat gastrointestinal disorders.

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