theorizes this is because awareness of credential theft is much higher in the U.
It is bad when a regulated industry persuades Congress to create a weak regulatory program to preempt
states with strong programs.
In oral arguments last week, Matthew Wessler, a lawyer for Nevils, rejected the idea that Congress meant for FEHBA to preempt
ordinary state insurance laws.
10) In the resulting Order, (11) the FCC argued that Sections 706(a) and (b) of the Act granted it implicit authority to preempt
state telecommunications laws that conflict with federal communications policy.
If Connecticut's common law recognizes claims arising from a health care provider's alleged breach of its duty of confidentiality in the course of complying with a subpoena, HIPAA and its implementing regulations do not preempt
such claims," judges said in their opinion.
(Phase III Research Evaluating Migraine Prophylaxis Therapy) consisted of two trials that resulted in Food and Drug Administration licensure of Botox for the treatment of chronic migraine.
The number of states that preempt
local smoking restrictions decreased from 18 at the end of 2000 to 12 at the end of 2010 (Figure).
While some courts have found federal law to preempt
discrete aspects of air safety, we hold that federal law establishes the applicable standards of care in the field of air safety, generally, thus preempting the entire field from State and territorial regulation.
In addition, the United States Supreme Court has ruled that ERISA does not preempt
state garnishment laws.
The Service argued that Congress did not intend either of these statutory passages to preempt
state community property law for refund purposes.
The act would preempt
a state notification requirement that provides for a warning concerning the safety of a food, unless the state requirement is identical to a federal requirement.
When Congress legislates in an area traditionally occupied by the states and does not indicate a clear intent to preempt
state regulation, the court asserted, there is a presumption against preemption.