Preemption and Federal Jurisdiction

Gobeille v. Liberty Mutual Insurance Co. [Read more here]
Ms. Asay defended Vermont’s health care database statute against an ERISA preemption challenge. She argued the case at the U.S. Supreme Court in 2015. (Petition | Our Opening Brief | Our Reply | Opinions)

Vermont v. MPHJ Technology Investments, LLC
Ms. Asay was lead counsel in this groundbreaking consumer-protection case. Vermont was the first state to use its consumer laws to take on patent trolling. The case was litigated in the state and federal trial courts, with two appeals to the Federal Circuit. The Federal Circuit dismissed MPHJ’s first appeal and, in the second appeal, upheld the district court’s remand order. (Appellee Brief | Federal Circuit Decision)

Entergy Nuclear Vermont Yankee v. Shumlin
Ms. Asay defended Vermont in its dispute with Entergy over continued operation of the Vermont Yankee nuclear plant, a case that addressed the preemptive scope of the Atomic Energy Act.

McGrx, Inc. v. Vermont
Ms. Asay successfully argued to the Second Circuit that the plaintiff’s constitutional and ADA claims were barred by Younger abstention. The Second Circuit upheld dismissal of all claims against the state defendants.