state-law

“While performing artists should have the burden of reserving publicity rights when contracting away any rights under copyright law they might have, we hold that Facenda successfully bore that burden here and preserved his state-law right-to-publicity claim.”

Archive 2009-08-01 Rebecca Tushnet 2009

She sued Yahoo! and other defendants, including the operator of AdultFriendFinder, for false endorsement under the Lanham Act and state-law privacy violations.

Yahoo!'s use of personal name not confusing as matter of law Rebecca Tushnet 2009

In her order, the judge dismissed the federal securities-fraud claims, as well as state-law claims, with prejudice, meaning they can't be brought again.

Judge Frees Merkin of Some Madoff Suits Chad Bray 2011

In some recent cases, Mr. Miller said, the court appears to be embracing a presumption against preemption of state-law tort suits.

Supreme Court Clears Way for Seat-Belt Lawsuits Brent Kendall 2011

In 2006, the Uniform Law Commissioners, a national group of state-law experts, approved the Uniform Power of Attorney Act, which gives bank employees greater protection from civil lawsuits, allowing them to exercise more discretion in deciding which powers of attorney to honor or refuse.

Power Grab! Kelly Greene 2011

He took care to sue in Delaware, where the companies are incorporated, and cited only state-law claims like negligence.

Sneak Play Daniel Fisher 2011

The Court has repeatedly recognized that, if authorized by the commerce power, Congress may regulate private endeavors “even when [that regulation] may pre-empt express state-law determinations contrary to the result which has commended itself to the collective wisdom of Congress.”

The Volokh Conspiracy » Destroying the Constitution’s Structure is not Constitutional 2010

DjDiverDan says: gasman, above and beyond the tabloid elements, the Anna Nicole Smith/Marshall case is really only legally interesting on the issue of Bankruptcy Jurisdiction — why Anna Nicole could assert her Texas state-law tort claim (interfering with the expectancy of an inheritance) in her Bankruptcy Case.

The Volokh Conspiracy » San Francisco Program on Anna Nicole Smith Case: 2010

"It was impossible for the manufacturers to comply with both their state-law duty to change the label and their federal law duty to keep the label the same," Justice Thomas wrote in a 20-page opinion.

High Court Bars Labeling Lawsuits Against Generic Drug Makers Brent Kendall 2011

Mr. Buchanan said lower courts had interpreted the airbag ruling broadly to prohibit state-law liability suits against a wide range of products, from cell phones to boats, because they were subject to federal regulations.

Supreme Court Clears Way for Seat-Belt Lawsuits Brent Kendall 2011