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Big Day at Supreme Court

By Barry Barnett on February 20, 2008

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Those Justices must have worked pretty dadgum hard during their winter break, from which they returned late last week.  They issued five opinions today.  Shew!

The Court ruled:

  • LaRue v. DeWolff, Boberg & Assocs., Inc., No. 06-856 — Pension plan participants and beneficiaries may recover for breach of duty by plan fiduciaries even if the recovery accrues to them through their individual pension account.
  • Preston v. Ferrer, No. 06-1463 — The federal Arbitration Act pre-empts state laws that lodge primary jurisdiction over an arbitrable dispute with a government agency.
  • Riegel v. Medtronic, Inc., No. 06-179 — The Medical Device Amendments of 1976 pre-empt and bar common law claims relating to a death-dealing device that passed muster with the Food and Drug Administration.
  • Rowe v. New Hampshire Motor Transp. Ass’n, No. 06-457 — Some federal statute pre-empts a Maine state law governing delivery of tobacco within the state.
  • Danforth v. Minnesota, No. 06-8273 — State law may allow greater post-conviction relief for constitutional violations even if the Court’s decision in Teague v. Lane, 489 U.S. 288 (1989), would bar it as impermissibly “retroactive” for purposes of federal habeas relief.

By Blawgletter’s count, three of the cases dealt with pre-emption — and upheld it.  LaRue resolved the ERISA question — as we predicted the Court would.  And we think Danforth means more convicts may get new trials as a result of state court proceedings.

Feedicon14x14We predict all sorts of things.

  • Posted in:
    Civil Litigation, Class Action & Mass Torts, Corporate & Commercial
  • Blog:
    The Contingency
  • Organization:
    Barry Barnett, Esq.
  • Article: View Original Source

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