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191 results found

Article

Womble Bond Dickinson (US) LLP | USA | 15 Aug 2016

Sixth Circuit Says FCC Can't Preempt State Limits on Municipal Broadband

In an August 10, 2016 ruling, the Sixth Circuit Court of Appeals reversed the FCC’s preemption of state laws in Tennessee and North Carolina which

Article

Davis Wright Tremaine LLP | USA | 12 Aug 2016

6th Circuit Reverses FCC’s Preemption of State Law

Yesterday the Sixth Circuit granted two petitions for review in The State of Tennessee et al. v. FCC and issued its opinion reversing the FCC’s order

Article

Reed Smith LLP | USA | 10 Jun 2016

Dismissing Drug Design Defect Based on Preemption

In a rare harkening to our past and discussion of specific judges, we recall that our first gig after law school was clerking for Judge Jon P

Article

Carlton Fields | USA | 8 Oct 2015

Tennessee Supreme Court holds that state unconscionability law does not implicate Concepcion and is not preempted by FAA

The Supreme Court of Tennessee reversed the lower courts' rulings that a non-mutual arbitration provision in an installment contract on the sale of a

Article

Proskauer Rose LLP | USA | 2 Sep 2015

State law claims for short-term disability benefits not preempted by ERISA

A federal district court in Tennessee ruled that ERISA did not preempt state law claims for short-term disability benefits because the short-term

Article

Dechert LLP | USA | 14 Apr 2015

Breaking news: 141 InFuse plaintiffs have their cases clipped by preemption

We’ve been reporting on individual InFuse cases that have been chopped down by defendant swinging a preemption axe of sorts. One by one, the cases

Article

Bradley Arant Boult Cummings LLP | USA | 27 Aug 2014

Tennessee adopts expansive trade secret preemption standard

In a case of first impression decided August 19, 2014, the Tennessee Court of Appeals has decided the standard for determining the scope of

Article

Husch Blackwell LLP | USA | 20 Dec 2013

So you want to be a plaintiff’s healthcare liability attorney?: The risks of non-compliant HIPAA medical authorizations in Tennessee pre-suit notices

As I approach the quarter century mark of my practice as a tort, healthcare and commercial litigator, predominately on the defense side, I reflect on

Article

Manatt Phelps & Phillips LLP | USA | 31 May 2013

CFPB weighs in on Maine, Tennessee gift card laws

In the first use of its authority to issue preemption determinations, the Bureau of Consumer Financial Protection reached two different results while

Article

Baker Donelson Bearman Caldwell & Berkowitz PC | USA | 6 May 2013

CFPB rules that federal law preempts Tennessee's unclaimed property statute applicable to gift cards

In its first preemption determination, on April 19, 2013, the Consumer Financial Protection Bureau (CFPB) ruled that Tennessee's unclaimed property

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