Tag Archives: federal preemption

June 2, 2014 4th Circuit published opinions

Fowler v Joyner Fowler field a habeas petition challenged his death sentence arguing that the in court identification was unreliable and that he did not receive independent counsel during his post conviction proceedings. The district court denied his petition. The … Continue reading

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April 2, 2014 United States Supreme Court opinions

Northwest, Inc. v Ginsberg Northwest terminated Ginsberg membership in its frequent flier program. Ginsberg sued alleging several causes of action including breach of the duty of good faith. The district court ruled the good faith claim preempted. The 9th Circuit … Continue reading

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March 11, 2014 4th Circuit published opinions

Barton v House of Raeford Farms, Incorporated Barton and other employees sued farms alleging wage and retaliation claims. The district court granted summary judgment to Farms on the federal wage claim and a jury found in favor of several plaintiffs … Continue reading

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January 28, 2014 4th Circuit published opinions

Drager as personal representative of Gross v Pilva USA, Inc.  Gross took a generic prescription medication manufactured and marketed by Pilva. He sued under Maryland state law alleging the medication cased him to suffer motion disorders. The district court granted … Continue reading

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June 24, 2013 United States Supreme Court opinions

Vance v Ball State Uuniversity Vance sued for face discrimination arguing her harasser was a supervisor. The district court ruled the alleged harasser did not have authority to hire, fire or otherwise make tangible employment decisions against Vance and granted … Continue reading

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June 17, 2013 United States Supreme Court opinions

Salinas v Texas At Salinas’ trial, the prosecutor commented on his silence during a part of a voluntary police interview. The Texas appeals courts held this commentary did not violate the Fifth Amendment. The Court, 5-4 with a plurality and … Continue reading

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June 13, 2013 United States Supreme Court opinions

American Trucking Associations, Inc. v City of Los Angeles City required terminal operators to use trucking companies that complied with requirements in a mandatory operating agreement. Operators who used unauthorized trucks were subject to criminal penalties. American challenged five requirements … Continue reading

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June 6, 2013 4th Circuit published opinions

American Petroleum Institute v Cooper North Carolina passed a statute requiring gasoline suppliers to allow their customers to mix gasoline and ethanol in trucks instead of requiring the purchaser to obtain gas already mixed. Institute sued arguing the law was … Continue reading

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June 3, 2013 United States Supreme Court opinions

Nevada v Jackson Jackson was not allowed to introduce extrinsic evidence of previous rape allegations against him by the complaining witness which were unsubstantiated. The Nevada Supreme Court upheld the exclusion for failure to give the required notice and the … Continue reading

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May 13, 2013 United States Supreme Court opinions

Bowman v Monsanto Co. Bowman used Monsanto Roundup resistant seed, purchased some intended for consumption and kept some of the resulting soybeans for future use. After Monsanto discovered this, it sued for patent infringement. The district court rejected Bowman’s patent … Continue reading

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