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Tag Archives: Preemption

Tort/Negligence – Products Liability – Medication Pump – Preemption – Medical Device Amendments of 1976

Walker v. Medtronic Inc. The 4th Circuit upholds the district court decision that plaintiff has no common law tort claim against defendant Medtronic, maker of the allegedly defective SynchroMed pump for delivery of medication through a catheter, as her claim is preempted by the Medical Device Amendments of 1976 and regulations which provided for premarket approval by the federal Food and Drug Administration.

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Constitutional – Preemption – Ethanol Blending Statute – Federal Renewable Fuel Program – Intellectual Property – Lanham Act – PMPA – Commerce Clause

American Petroleum Institute v. Cooper North Carolina’s Ethanol Blending Statute – which allows gasoline marketers in our state to participate in the blending of ethanol and gasoline (and the tax credits that go along with such blending) – does not conflict with and is not preempted by the Federal Renewable Fuel Program, the Lanham Act, or the Petroleum Marketing Practices Act, nor does the Ethanol Blending Statute violate the Commerce Clause. Defendants’ motion for summary judgment is granted.

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Labor & Employment – Identity Theft Protection Act – Unfair Trade Practices – NLRA – Preemption

Fisher v. Communication Workers of America Plaintiffs’ claims — that defendants violated North Carolina’s Identity Theft Protection Act and Unfair and Deceptive Trade Practices Act by posting a list of plaintiffs’ names and social security numbers after plaintiffs dropped out of the defendant-union - are preempted by the National Labor Relations Act. We affirm summary judgment for defendants.

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Labor & Employment – Union Member – Collective-Bargaining Agreement – Breach of Contract & Tortious Interference Claims – Preemption

Williams v. American Eagle Airlines, Inc. (Lawyers Weekly No. 10-07-1179, 14 pp.) (Barbara Jackson, J.) Appealed from Durham County Superior Court. (Allen Baddour, J.) N.C. App. Click here for the full text of the opinion. Holding: Where plaintiff belongs to ...

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Intellectual Property – Copyright – Unfair Trade Practices – Preemption – Extra Element – Breach of Fiduciary Duty

Viable Solutions, L.L.C. v. Solace Consulting, LLC. (Lawyers Weekly No. 10-04-0941, 7 pp.) (David C. Keesler, USMJ) W.D.N.C. Holding: Plaintiff showed that defendant Roundtree had access to plaintiff’s copyrighted manual and notice of its confidentiality when Roundtree worked for two ...

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