Monday, October 6, 2008

New SCOTUS Term Begins Today

Oral arguments begin today in the Supreme Court’s new term. For an article summarizing the significant upcoming cases, see here. More specifically, here are some of the key cases coming up this term that are relevant to civil practitioners:

Altria Group v. Goode: Does the Federal Cigarette Labeling and Advertising Act preempt state tort claims for deceptive practices against tobacco manufacturers based on the marketing of “light” cigarettes? (First Circuit said no preemption in an opinion found here)

Vaden v. Discover Bank: Do federal courts have jurisdiction over motions to compel state-law arbitration claims that do not raise questions of federal law? (Fourth Circuit said yes in an opinion found here)

Philip Morris USA, Inc. v. Williams: Is the third time a charm for this punitive damages case? (see Oregon Supreme Court opinion here and SCOTUS's 2007 decision here)

Wyeth v. Levine: Does federal law preempt state tort claims based on drug labeling previously approved by the FDA? (Vermont Supreme Court said no preemption in an opinion found here)

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