Topic
Preemption
1,722 published works
Wage & Hour Law Update
California Court Finds State Meal and Rest Period Requirements Preempted by Federal Motor Carrier Regulation
While states generally are free to enact wage and hour laws providing greater protections than contained in the Fair Labor Standards Act, sometimes such laws run afoul of federal statutes…
Land Use Prof Blog
NPR on Zoning out Hydrofracking in Upstate NY
From the "You Must Hear This" Dept., we have a really interesting NPR report this morning on attempts by some citizens of the town of Dryden, NY to zone out hydraulic…
Boom: The ERISA Law Blog
ERISA: State Law Claims Against Independent Medical Reviewers …. Preempted
By Mike Reilly
"No one loves the messenger who brings bad news." Antigone (lines 276-77). What happens when an ERISA claimant brings state law claims against independent medical consultants retained by the Plan…
Constitutional Law Prof Blog
Ninth Circuit on Federal Aviation Administration Authorization Act Preemption
By ConLawProf initials at end of post
A divided three-judge panel of the Ninth Circuit on Monday ruled on the preemptive effects of the Federal Aviation Administration Authorization Act in American Trucking Associations, Inc. v. City of Los Angeles. The…
Drug & Device Law
Generic Reasoning
Have you ever noticed how if you're thinking about something, you start noticing it everywhere? For example, if you are contemplating the purchase of a soul-crushing Scandinavian station wagon, you…
TortsProf Blog
Galligan & Bush on the OPA and Preemption
Tom Galligan (President, Colby-Sawyer) and Brittan Bush (LSU) have posted to SSRN Displacement and Preemption: The OPA's Effect on General Maritime Law and State Tort Law Punitive Damages Claims. The…
Drug & Device Law
There’ll Always Be Posner: Thumbs Up on Preemption
The New Yorker's current issue has a fine article on Pauline Kael. The weekend Wall Street Journal had a similar piece. Why the wall-to-Wall Street coverage of a film critic…
Drug & Device Law
Search & Destroy Mission Yields Scant Results
By Bexis
We commented on the Obama Administration’s anti-preemption search and destroy mission at the time, back in 2009. To recap, a presidential memorandum directed all federal administrative agencies to seek out, identify,…
Day On Torts
New York Court of Appeals Rules That Bus Seat Belt Claims Were Not Preempted
By John Day
New York's highest court has ruled that the claim of bus passengers injured in a single-vehicle bus wreck which sought to hold the bus manufacturer liable for the failure to…
Environmental Law Prof Blog
Land Use, Air Quality, and an Important Denial of Cert
On Monday, the Supreme Court caught environmental lawyers’ attention when it asked the Solicitor General to weigh in on three pending environmental cases (some discussion here). Less noticed, though still…