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Supreme Court of the United States › Injunctive Relief › Preemption

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
Jones Day

Active Battle Over the California Clean Air Act Waiver Continues

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California's ability to set its own vehicle emission standards under its Clean Air Act waiver of federal preemption is in jeopardy given three joint congressional resolutions signed into law by President Trump on June 12,...more

Ballard Spahr LLP

Supreme Court Is Asked (Again) to Rule on Whether the FAA Preempts California Public Injunctive Relief Law, But This Time There is...

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For the second time in two years, the U.S. Supreme Court is being asked to decide whether the Federal Arbitration Act (FAA) preempts California law (the “McGill Rule”) which invalidates arbitration agreements that waive the...more

Ballard Spahr LLP

Possible Supreme Court Review of California’s “McGill Rule” Moves One Step Closer as Ninth Circuit Stays Mandates in Blair Appeals

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After denying the defendants’ petitions for panel and en banc rehearing in the Blair v. Rent-a-Center appeals, the Ninth Circuit has granted their motions to stay the issuance of the Court’s mandates for 90 days pending the...more

McManis Faulkner

Is California’s McGill Rule Still Good Law?

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On June 28, 2019, the Ninth Circuit held in three separate cases that the Federal Arbitration Act (FAA) does not preempt the California Supreme Court’s holding in McGill v. Citibank, N.A., 2 Cal.5th 945 (2017) — otherwise...more

Foley & Lardner LLP

Gambling with SCOTUS: Christie v. NCAA

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Having recently heard oral argument in Christie v. National Collegiate Athletic Association, the U.S. Supreme Court is set to decide this long-running case that is ostensibly about the legalization of wagering on sports...more

Dorsey & Whitney LLP

The Supreme Court - March 2016 #4

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The Supreme Court of the United States issued decisions in four cases on March 22, 2016: Tyson Foods, Inc. v. Bouaphakeo, No. 14-1146: Respondents, employees at a pork processing plant of petitioner Tyson Foods, filed a...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Sturgeon v. Frost

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On March 22, 2016, the Supreme Court of the United States decided Sturgeon v. Frost, No. 14-1209, vacating a decision of the Ninth Circuit and leaving open the possibility that Section 103(c) of the Alaska National Interest...more

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