Mass. jury awards $63M for child’s reaction to Motrin 
By:
Correy Stephenson
Published: March 1, 2013
Tags: Children’s Motrin, consumer protection, drug litigation, failure to warn, FDA, Food and Drug Administration, Johnson & Johnson, Motrin, preemption, Stevens-Johnson Syndrome, Toxic Epidermal Necrolysis
A Massachusetts jury awarded $63 million to a teenaged girl and her parents after the girl suffered an adverse reaction to Children’s Motrin that left her scarred and blind, with permanent brain and lung damage.
And the award may increase.
Debt adjuster can’t demand binding arbitration
Published: February 14, 2013
Tags: arbitration, AT&T Mobility LLC v. Concepcion, class action, consumer protection, Federal Arbitration Act, preemption
A debt adjuster could not enforce a binding arbitration clause in its service contract when sued by a customer for violating state consumer protection law, the Washington Supreme Court has ruled in affirming judgment.
ADA may require state to bend existing law
Published: February 8, 2013
Tags: ADA, AMERICANS WITH DISABILITIES ACT, disability benefits, preemption
Federal disability discrimination law may require a state agency to deviate from state law in order to accommodate a mentally ill individual’s claim for benefits, the 2nd U.S. Circuit Court of Appeals has ruled in reversing a dismissal.
Railroad crossing suit isn’t completely preempted
Published: January 28, 2013
Tags: Federal Railroad Safety Act, negligence, preemption, railroad litigation
Federal transportation law does not completely preempt the state tort claims of a motorcyclist who suffered catastrophic injuries in a collision with a train at a railroad crossing, the 3rd Circuit has ruled.
SECURITIES LAW
Published: January 22, 2013
Tags: class actions, preemption, securities, Securities Litigation Standards Act
Does the Securities Litigation Standards Act preempt state law class actions claiming that the defendant engaged in a Ponzi scheme involving misrepresentations about transactions with securities covered by the federal act?
See “Can plaintiffs recover from Ponzi scheme in state court?”
Chadbourne & Parke LLP v. Troice, No. 12-79, consolidated with Willis of Colorado Inc. v. Troice, No. 12-86 and Proskauer Rose LLP v. Troice, No. 12-88. Certiorari granted: Jan. 18, 2013. Ruling below: 675 F.3d 503 (5th Cir. 2012).
Can plaintiffs recover from Ponzi scheme in state court?
Published: January 22, 2013
Tags: class actions, ponzi scheme, preemption, securities law, Securities Litigation Standards Act
Does the Securities Litigation Standards Act preempt state-law class actions claiming that the defendant engaged in a Ponzi scheme involving misrepresentations about transactions with securities covered by the federal act?
The U.S. Supreme Court has agreed to answer this question.
Medtronic pain pump claim isn’t preempted
Published: January 15, 2013
Tags: failure to warn, FDA, Food and Drug Administration, Medical Device Amendments to the Food Drug and Cosmetic Act, Medtronic, preemption, product liability
Federal law does not preempt a state failure-to-warn lawsuit brought by a man who claimed he suffered paralysis as the result of the surgical implantation of a Medtronic pain pump, the en banc 9th Circuit has ruled.
The decision overturns a contrary panel ruling. (See “» Continue Reading.
TRANSPORTATION
Published: January 11, 2013
Tags: motor carriers, preemption, transportation, U.S. Supreme Court
Does a federal law generally prohibiting the state and local regulation of motor carriers contain a “market participant” exception permitting a municipality to take action that conflicts with the federal statute’s express preemption clause?
American Trucking Associations v. Los Angeles, No. 11-798. Certiorari
» Continue Reading.
Medicaid Act may trump state reimbursement law
By:
Kimberly Atkins
Published: January 8, 2013
Tags: Medicaid Act, Medicaid reimbursement, preemption, subrogation, U.S. Supreme Court
WASHINGTON – The justices of the U.S. Supreme Court seemed divided over whether the federal Medicaid Act preempts a North Carolina law authorizing the state to recoup as much as one third of any medical malpractice jury award or settlement, regardless of how much of the award was designated for medical expenses.
ADA doesn’t preempt award of grocer’s attorney fees
Published: December 20, 2012
Tags: ADA, AMERICANS WITH DISABILITIES ACT, attorney fees, civil rights, disability discrimination, preemption
The Americans with Disabilities Act does not preempt a state law mandating an award of attorney fees to a storeowner who prevailed in a disability access action, the California Supreme Court has ruled in affirming an $118,000 award.
