Where a plaintiff, who was injured when shipped goods fell on him from a trailer that he was driving, sued the seller of the goods and a shipper, the Carmack Amendment does not preempt state-law personal injury claims, even if ...

Tagged with: Carmack Amendment Personal Injury Claim Preemption

Where a ground freight employee sued his former employer for race discrimination, and the district court found that the suit invoked federal question jurisdiction under the Labor Management Relations Act, the court properly found that complete preemption under the LMRA ...

Tagged with: Federal Question Jurisdiction Preemption Race Discrimination

Where the state challenged the grant of summary judgment to an Indian tribe in a dispute involving whether federal law preempts the imposition of a South Dakota excise tax on the gross receipts of a nonmember contractor for services performed ...

Tagged with: Excise Tax Indian Gaming Regulatory Act Preemption

BNSF Railway Company v. Seats. Inc. (MLW No. 71985/Case No. 17-1399 – 7 pages) (U.S. Court of Appeals, 8th Circuit, Benton, J.)

Tagged with: civil practice Locomotive Inspection Act Preemption Products Liability Case

Quest Corporation v. City of Des Moines (MLW No. 71889/Case No. 17-1257 – 7 pages) (U.S. Court of Appeals, 8th Circuit, Kelly, J.)

Tagged with: Ordinance Charges Preemption Public Right Of Way public utilities

Moore v. Apple Central, LLC (MLW No. 71784/Case No. 17-1815 – 7 pages) (U.S. Court of Appeals, 8th Circuit, Loken, J.)

Tagged with: Employer - Employee ERISA jurisdiction Preemption

Pharmaceutical Care Management Association v. Rutledge (MLW No. 71737/Case No. 17-1609 – 9 pages) (U.S. Court of Appeals, 8th Circuit, Beam, J.)

Tagged with: Arkansas Law ERISA Medicare Preemption

State ex rel. Church & Dwight Company Inc. v. Collins (MLW No. 71530/Case No. SC95976 – 9 pages) (Supreme Court of Missouri, Breckenridge, J.; all concur)

Tagged with: Employer – Employee MHRA Preemption Statute Of Limitations

Williams v. Bayer Corp. (MLW No. 71233/Case No. WD80238 – 28 pages) (Missouri Court of Appeals, Western District, Ardini Jr., J.)

Tagged with: Contraceptive Device MMPA Negligence Preemption

Watson v. Air Methods Corporation (MLW No. 70993/Case No. 15-1900 – 11 pages) (U.S. Court of Appeals, 8th Circuit, Colloton, J.)

Tagged with: Air Safety Regulations Employer – Employee Preemption whistleblower

Melikan Enterprises v. McCormick (MLW No. 70767/Case No. 15-3983 – 11 pages) (U.S. Court of Appeals, 8th Circuit, Shepherd, J.)

Tagged with: Arizona Law Bankruptcy Preemption Proof Of Claim