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New Preemption Exceptions May Broaden State Consumer Protection Law Enforcement

By Oluwaseun O. Ajayi and Kendra C. Kinnaird Stepped-up enforcement of state consumer protection laws in the field of home mortgage lending is inevitable for all types of lenders, including those with federal charters. Federal banks and thrifts, long accustomed to preemption, must plan to comply with...

Epstein Becker & Green: U.S. Supreme Court Rules Asbestos Claim Preempted

Guest Blogger Nicolas S. Allison is an Associate in Epstein Becker & Green's Asbestos Group in New York. A graduate of Princeton University and Boston University Law School, in addition to his mass tort asbestos work, Nick also represents firm clients in a wide variety of industries, including...

Steptoe & Johnson: Supreme Court Sides With Landowner In EPA Order Challenge

By Amy M. Smith On March 21, 2012, the United States Supreme Court decided Sackett v. Environmental Protection Agency , No. 10-1062 [ enhanced version available to lexis.com subscribers ]. The Court held that individuals may bring a civil action under Chapter 7 of the Administrative Procedure Act...

Williams Mullen: EEOC Final Rule Clarifies Age Discrimination In Employment Act Defense

B y David C. Burton and Reba Mendoza On March 29, 2012, the Equal Employment Opportunity Commission ("EEOC") issued a final rule amending the Age Discrimination in Employment Act ("ADEA") regulations in the wake of the United States Supreme Court's decisions in Smith v. City...

Fulbright Alert: Section 8(B) Of RESPA Requires 'Split' Of A Fee Between 2 Or More Persons

The United States Supreme Court issued a significant opinion for the residential mortgage industry in Freeman v. Quicken Loans, Inc. , No. 10-1042 (May 24, 2012). The Supreme Court ruled that to recover under Section 8(b) of the Real Estate Settlement Procedures Act (RESPA) for an allegedly unearned...

Fulbright Briefing: Supreme Court Holds That Alien Tort Statute Does Not Have Extraterritorial Jurisdiction

On April 17, 2013, the United States Supreme Court held that the Alien Tort Statute ("ATS") does not have extraterritorial jurisdiction in a 9-0 decision in Kiobel v. Royal Dutch Petroleum Co. [lexis.com subscribers can view the enhanced opinion and the briefs in this case.] The ATS provides...

Williams Mullen: U.S. Supreme Court Hands Down 2 Significant Cases for Employers

By David C. Burton On June 24 the United States Supreme Court handed down two significant and closely watched decisions affecting employers in Title VII cases. Both opinions came from a sharply divided court splitting five to four in both cases. The two cases were Vance v. Ball State University and...

Williams Mullen:Court Holds that Erroneous Advice about Medical Benefits Coverage Can Expose Plans to Liability

By Mark S. Thomas and Robert W. Shaw In Kenseth v. Dean Health Plan, Inc. , No. 11-1560 (June 13, 2013) [ Enhanced opinion available to lexis.com subscribers], the Seventh Circuit Court of Appeals reviewed the scope of equitable remedies available under ERISA and determined that the erroneous advice...

William A. Ruskin: After Comcast v. Behrend: What's Next?

By William A. Ruskin How have courts interpreted, utilized and/or limited the U.S. Supreme Court's ruling last term in Comcast v. Behrend? In a webinar presented by the International Association of Defense Counsel on Wednesday, December 11, 2013 at 1:00 EST, the panel will examine Comcast and...

City of Houston Seeks U.S. Supreme Court Review for the Denial of its Request to Register its Municipal Seal with the U.S. Patent and Trademark Office

On December 30, 2013, the City of Houston, Texas filed a petition for a writ of certiorari with the United States Supreme Court to challenge a decision of the United States Court of Appeals for the Federal Circuit, In re City of Houston, 731 F.3d 1326 (Fed. Cir. 2013) , which upheld the denial of the...