Topic
Preemption
1,709 published works
Land Use Law Blog
Can You Hear (er, See) Me Now?
by Joel Ellinwood, AICP Ninth Circuit Prohibits Aesthetic Regulation of Cell Towers in Public Rights-of-Way Based on California Public Utilities Code In a unique twist to the preemption argument based…
Delaware Corporate & Commercial Litigation Blog
Dilution; Preemption and Arbitrability Addressed
Flight Options International v. Flight Options LLC, 2005 WL 2335353 (Del.Ch.), download file, involved two members of an LLC for which all of the capital and credit needed to maintain…
TortsProf Blog
Preemption All Over The Place
Last fall, NHTSA announced new roof crush rules that purport to preempt conflicting state laws. Many state AGs and legislators are resisting.Hey, that sounds sort of familiar. Any other agencies…
California Employment Law Update
Bank Manager’s Age Discrimination Claim Was Not Preempted By The National Bank Act
By Tony Oncidi
Kroske v. U.S. Bank Corp., 432 F.3d 976 (9th Cir. 2005) Kathy Kroske, a former bank manager of U.S. Bank Corp. in Spokane, Washington, alleged her employment was terminated after…
Media Law Prof Blog
Eighth Circuit Says Minnesota Wireless Consumer Protection Law Preempted By Federal Statute
The Eighth Circuit has agreed with Cellco (doing business as Verizon Wireless) that Article 5 of Minnesota's Wireless Consumer Protection Act is preempted by federal law and has granted the…
California Employment Law Update
Illegal Alien Was Entitled To Workers’ Compensation Benefits
By Tony Oncidi
Farmers Bros. Coffee v. WCAB, 133 Cal. App. 4th 533, 35 Cal. Rptr. 3d 23 (2005) When Rafael Ruiz, an illegal alien, sought workers' compensation benefits from his employer, Farmers…
Financial Institutions Law Blog
Commissioner Of Corporation’s Authority To Audit Is Preempted By Federal Law
Question: Does the National Bank Act and OCC regulations preempt the authority of the California Commission of Corporations to audit an operating subsidiary of a national bank? Answer: Yes, according…
New York Attorney Malpractice Blog
NYSTLA warns that Fed law will preempt
A pending Federal law may well preempt New York's vicarious liability law for motor vehicle lessors, says the New York State Trial Lawyers Association http://www.nystla.org. A Federal law recently passed,…
ContractsProf Blog
Cases—Preemption—ERISA preempts state contract claims
Former employees of US Bancorp had no state contract causes of action against it for pension promises it made, according to the U.S. Court of Appeals for the Eighth Circuit. …
California Employment Law Update
California Statute Barring Recipients Of State Funds From Pro Or Anti-Union Advocacy Is Unconstitutional
By Tony Oncidi
Chamber of Commerce of the U.S. v. Lockyer, 364 F.3d 1154 (9th Cir. 2004) In 2000, California enacted Assembly Bill No. 1889 (Government Code §§ 16645-16649) which, among other things,…