For non-home rule units, like plaintiff, legislative intent to preempt
a local ordinance may be implied.
Consumer advocates and trial attorneys point out that if the court concludes that the FDA's drug-labeling rules preempt
state law, consumers injured by drugs won't have any way to hold manufacturers accountable.
In matters of interstate commerce, the federal government can enact laws that preempt
otherwise applicable state law.
Court of Appeals partially upheld Texas' HMO Liability Act, finding that ERISA does not completely preempt
Texas citizens' right to sue health plans.
The court held, inter alia, that the EMS Act did not preempt
In such a case, the federal law effectively preempts
state action and the state is operating as a semiautonomous agency of the federal government.
NLC President Clarence Anthony called on Congress to support a bill aimed at "preserving the cherished principle of federalism and promoting a new federal-state-local partnership" for implementing a variety of federal programs which could otherwise preempt
local and state authority.
In a rule issued this summer to implement the Telecommunications Act of 1996, the FCC clarified an earlier proposal and now clearly preempts
local zoning laws, homeowner association rules and covenants restricting the placement of satellite dishes.
Barrett appealed and the appellate court reversed the district court, saying that ERISA only preempts
state-law claims if the defendants assume plan management duties.
13) Courts look to congressional intent, which may be "explicitly stated in the statute's language or implicitly contained in its structure and purpose,"(14) to determine whether a federal act preempts
a state law.
22 decision deepened the split among circuit courts on whether federal law preempts
state fraud-on-the-Food & Drug Administration (FDA) statutes.
Some have held that the Act preempts
common law claims.