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Implications of Beneficial National Bank v. Anderson on Banking Law and the Complete Preemption Doctrine ( September 2004 )
The decision by the United States Supreme Court in Beneficial National Bank v. Anderson, holding that the National Bank Act completely preempted state usury law claims against nationally chartered, federally insured banks, has significant impact on the doctrine of complete preemption, not only within the realm of usury claims, but within the umbrella of other federal laws as well. The net effect of the decision has already allowed (and will continue to allow) the removal of suits based on claims arising under other areas of federal law. -
Aviation Law Alert: April 15, 2004 ( April 2004 )
On April 13, 2004, the United States Court of Appeals for the Fifth Circuit filed its decision finding that, in a case involving deep vein thrombosis on a domestic flight, an airline passenger's tort claims are preempted by the Airline Deregulation Act of 1978. The trial court's decision to the contrary was reversed and judgment was rendered in favor of the airline. -
Minnesota Striker Replacement Act Preempted By Federal Labor Law ( April 1994 )
The Minnesota Supreme Court recently published its long-awaited decision striking down the Minnesota Striker Re.
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