Tag: preemption

On March 1, 2016, the U.S. Supreme Court held that the Employee Retirement Income Security Act (ERISA) pre-empts a Vermont law requiring certain entities, including health insurers, to report payments relating to health care claims to a state agency ...

In Cohens v. Virginia, 19 U.S. 264 (1821), the U.S. Supreme Court established itself as the highest court in the county. The justices expressly held that the Court had appellate jurisdiction over state court criminal law decisions involving alleg...

In January, the U.S. Supreme Court added another potential blockbuster case to the current Term. In United States v. Texas, the justices will consider whether President Obama’s use of executive action to further his immigration policy violated the ...

The U.S. Supreme Court returns from recess on February 22, 2016 without Justice Antonin Scalia. Below is a brief summary of the Supreme Court’s Case Docket that the Eight justices will consider this month.   Kingdomware Technologies, In...

In Lochner v. New York, 198 U.S. 45 (1905), the U.S. Supreme Court struck down a New York law that established maximum working hours for bakers. According to the majority, the right to buy and sell labor was a liberty interest protected under the...

Last week, the U.S. Supreme Court issued its opinion in DIRECTV, Inc. v. Imburgia, holding that the California Court of Appeal erred in finding an arbitration clause required the application of state law despite its preemption by the Federal Arbitrat...

U.S. Supreme Court Review for October, 2015: The justices of the Court have been busy since returning to the bench. The Supreme Court Review covers oral arguments in ten cases and added a number of important new cases to the docket. On Oc...