| 22-230 |
The Golden 1 Credit Union v. Dwaine Burgardt |
California |
2022-09-13 |
Denied |
Amici (1)Response Waived |
discriminates against arbitration and is contrary when such modifications are permitted under ordin arbitration-agreement contract-law contract-modification federal-arbitration-act jury-trial jury-trial-waiver kindred-nursing mutual-assent state-common-law state-law |
Whether a special rule that prohibits parties from adding an arbitration provision to a contract by mutual assent manifested by conduct, when such mod… |
| 21-1144 |
Tracie Leach, et al. v. Mentor Worldwide, LLC |
Ninth Circuit |
2022-02-17 |
Denied |
Response WaivedRelisted (2) |
adverse-events defective-manufacture failure-to-warn food-drug-cosmetic-act medical-device-amendments preemption rule-12(b)(6) state-common-law |
Whether preemption under the Medical Device Amendments supports dismissal of state common law claims alleging failure to warn and defective manufactur… |
| 21-365 |
Branch Banking and Trust Company v. Sevier County Schools Federal Credit Union, et al. |
Sixth Circuit |
2021-09-09 |
Denied |
Amici (2)Relisted (2) |
arbitration-requirement circuit-court-split contract-law customer-dispute-resolution dispute-resolution federal-arbitration-act standard-form-contract state-common-law |
Whether the Federal Arbitration Act displaces a state common-law rule forbidding companies from adding an arbitration requirement to their standard-fo… |
| 21-13 |
KinderCare Education, LLC v. Superior Court of California, County of San Francisco, et al. |
California |
2021-07-07 |
Denied |
|
arbitration-agreement contra-proferentem federal-arbitration-act lamps-plus-v-varela preemption state-common-law state-law supreme-court-precedent |
Whether California courts can avoid consideration of Lamps Plus v. Varela and instead adhere to a contrary state appellate precedent |
| 20-1822 |
Amber Brooks, et al. v. Mentor Worldwide LLC |
Tenth Circuit |
2021-07-01 |
Denied |
|
adverse-events defective-manufacture failure-to-warn food-drug-cosmetic-act medical-device-amendments medical-device-manufacturing preemption rule-12(b)(6) state-common-law |
Whether preemption under the Medical Device Amendments supports dismissal of state common law claims alleging failure to warn and defective manufactur… |
| 19-620 |
Christian K. Narkiewicz-Laine v. Kevin C. Doyle, et al. |
Seventh Circuit |
2019-11-14 |
Denied |
Response Waived |
civil-procedure common-law copyright criminal-conviction damages prejudice prejudicial-evidence prior-criminal-conviction state-common-law statutory-damages visual-artists-rights-act |
Is a plaintiff prevented from collecting statutory damages under the Visual Artists Rights Act as well as under state common-law for damages to the sa… |
| 19-6074 |
Gerald Nelson v. Amalgamated Transit Union Local 1181-1061, AFL-CIO, et al. |
Second Circuit |
2019-09-26 |
Denied |
Response WaivedRelisted (2)IFP |
civil-procedure civil-rights complete-preemption due-process federal-claim federal-jurisdiction federal-statute fourteenth-amendment labor-management-relations preemption removal removal-procedure state-common-law subject-matter-jurisdiction well-pleaded-complaint-rule |
Whether the United States Court of Appeal and District Federal Court can sua sponte a case when plaintiff has not had a chance to file a complaint and… |