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Tag Archives: Preemption

Labor & Employment – LMRA – Preemption – Exhaustion of Grievance Procedures – Post-Trial Motions (access required)

Atkinson v. House of Raeford Farms, Inc. Where the collective bargaining agreement (CBA) does not address the matters at issue – paid breaks or the method by which employees’ work hours were to be calculated – the plaintiff-employees’ right to compensation is not subject to the court’s interpretation of the language of the CBA.

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Tort/Negligence – Products Liability – Medication Pump – Preemption – Medical Device Amendments of 1976 (access required)

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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Civil Practice – Appeals – Issue Preservation – Arbitration – Preemption – Not Raised (access required)

Herron v. Century BMW The issue of whether the Federal Arbitration Act preempted our state’s legislative policy as set forth in the Dealers Act was never raised until appellant petitioned this court for rehearing. Thus, the issue was not preserved for appellate review. On remand from the U.S. Supreme Court for reconsideration in light of AT&T Mobility, LLC v. Concepcion, 131 S. Ct. 1740 (2011), we reinstate our original opinion.

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