Topic
Preemption
1,709 published works
Financial Institutions Law Blog
U.S. District Court Rules That OTS Opinion Letter On Exclusive Agents Preempts State Banking Statutes
Question: Does the preemptive authority of a federally chartered thrift extend to its exclusive agents? Answer: Yes, according to the U.S. District Court for the District of Connecticut in State…
TortsProf Blog
Preemption by Preamble – New Paper
A new paper on SSRN by Catherine Sharkey at Columbia (forthcoming in DePaul Law Review) gives an interesting take on preemption issues. The abstract:In the preamble to its most recent…
The IP Law Blog
Ninth Circuit-State Law “Right of Publicity” Claim Preempted by Copyright Act
By: April Hiroshima Gatling Last Wednesday, the Ninth Circuit issued an opinion addressing the interplay between the state statutory right of publicity and the Copyright Act, 17 U.S.C. �� 101-1332.…
TortsProf Blog
Preemption, Nth Part
The National Conference of State Legislatures has expressed concern about the "silent tort reform" of federal agencies seeking to preempt state tort law. Among the NCSL's efforts is the Preemption…
California Employment Law Update
Stockbroker’s Fraud Claim Was Preempted By Federal Law
By Tony Oncidi
Merrill Lynch, Pierce, Fenner & Smith, Inc. v. Dabit, 547 U.S. 547 U.S. 71, 126 S. Ct. 1503 (2006) Shadi Dabit, a former Merrill Lynch broker, filed this class action…
TortsProf Blog
This is the Sound…of Silent Tort Reform
It's a few days old now, but this NYT piece (free reg. req.) has a nice summary of the various attempts to preempt state law, and even gives it a…
TortsProf Blog
Preemption Junction, What’s Your Function?
An interesting fight over preemption is developing in connection with a derailment and chemical spill in Minot, ND, and the effect of a federal court's decision in one case on…
TortsProf Blog
The Politics of Preemption
The LA Times [free sub. req.] had a lengthy story yesterday about the various federal agencies recently seeking to preempt state law and whether those efforts are coincidental or part…
Labor Law Prof Blog
The Harmonization of Federal Statutes and Implied Repeals in Labor and Employment Law
Some of you may recall a post from a number of weeks ago where the employer used the federal Driver’s Privacy Protection Act to prevent union organizers from getting employee…
TortsProf Blog
On Agencies Declaring Their Actions to Preempt State Law
(Via WSJ Law blog)The Post notes what I've noted before -- a trend of federal agencies asserting that their rules preempt state tort lawsuits. Both the WSJ blog and the…