In Sun Chemical Corp. v. Fike Corp. & Suppression Systems Inc., the Supreme Court responded to a certified quzoomestion from the 3rd Circuit, and in so doing dealt a blow to tort-reform advocates. The Supreme Court held that the state’s Products Liabilities Act — which allows for only basic tort damages — does not preempt … Read more
The 3rd Circuit handed Pennsylvania Attorney General Josh Shapiro a nice win in Commonwealth v. Navient Corp., when it held that the AG’s Office could maintain a concurrent enforcement action against a student loan provider at the same time as a similar action by the federal Consumer Financial Protection Bureau under the Consumer Financial Protection … Read more
The Appellate Division held in Bandler v. Landry’s, Inc., that the Casino Control Act does not preempt a private cause of action for false advertising under the Consumer Fraud Act.
The 3rd Circuit held that ERISA’s broad preemption clause found in section 514(a) does not preempt service providers from bringing common-law claims — such as breach of contract and promissory estoppel — against benefits providers when those benefits providers renege on their contractual obligations to pay for services.
The New Jersey Supreme Court held that when the Federal Arbitration Act’s exempts a contract from arbitration, the state analog — the New Jersey Arbitration Act — may still apply and the FAA does not preempt the NJAA.