Topic
Preemption
1,725 published works
Drug & Device Law
Lack of Specificity OK in Kentucky
When a decision says the Court finds much of the reasoning in Bausch, Stengel, and Hughes particularly persuasive, you don’t have to be the Amazing Kreskin to guess that we aren’t going to…
Land Use Prof Blog
Colorado district court holds local government’s fracking ban is preempted by state oil and gas law
Yesterday, a Colorado district (trial) court found that the city of Longmont's ban on hydraulic fracturing and the storage and disposal of hydraulic fracturing waste in the city was invalid.…
Drug & Device Law
Testing the Limits of Prescription Drug Preemption
Just how far can a state go in regulating prescription drugs? The simple answer is that states can go nowhere and that FDA is king in this field under the FDCA and…
Drug & Device Law
Preemption Made Easy
The reason that the court’s decision in Wagner v. Pfizer, 2014 U.S. Dist. LEXIS 94281 (W. D. Wisc. July 11, 2014), is useful is not because it dismisses state-law claims against generic…
E2 Law Blog
Pennsylvania Commonwealth Court Invalidates PUC Review of Local Natural Gas Regulation
In February 2012, Pennsylvania adopted comprehensive revisions to its Oil and Gas Act known as "Act 13." Among the changes was an expanded preemption of local regulation of oil and…
California Employment Law Update
“Unauthorized Alien” Who Provided False SSN Can Proceed With Disability Discrimination Lawsuit
By Tony Oncidi
Salas v. Sierra Chem. Co., 2014 WL 2883878 (Cal. S. Ct. 2014) Vicente Salas worked on Sierra Chemical's production line, filling containers with various chemicals. At the time of his…
Employment Class Action Blog
The Ninth Circuit Puts Up Road Block to Motor Carrier Arguing that California Break Laws are Preempted by the FAAA Act, But Leaves Some Wiggle Room
By Sabrina Shadi, Vartan Madoyan
On Wednesday, the United States Ninth Circuit Court of Appeals rendered a decision that, on its face, involved a technical preemption issue, but one that will have serious repercussions for…
Drug & Device Law
Hey, Jude! Making It Good on Preemption
By Bexis
Taking a sad song and making it better, St. Jude Medical recently scored double-barreled preemption victories in implantable cardioverter defibrillator (“ICD”) lead litigation. On consecutive days, federal courts in Minnesota, Pinsonneault v. St.…
The Appellate Strategist
Florida Supreme Court Strikes Down Red Light Ordinances as Preempted by State Law
On June 12, 2014, the Florida Supreme Court decided two cases that involved whether municipal ordinances imposing penalties for red light violations detected by devices using cameras were invalid because…
inversecondemnation.com
Iowa: Common Law Nuisance Claim Not Preempted By Clean Air Act (Even In The “Age Of Statutes”)
Here's an interesting one from the Iowa Supreme Court, in which the issue is whether the federal Clean Air Act preempts a property owner's state-law nuisance claim.In Freeman v. Grain…