The District Court and the Court of Appeals agreed with the city.<br />The Supreme Court held that a proposed city charter amendment to require voter approval to implement organized waste collection is not preempted by state law because the Legislature did not intend to occupy the field
of regulation of the process by which municipalities organize collection of solid waste.
"The text of Code 8.01-226.12 does not purport to occupy the field
or to abrogate any common law tort actions seeking recovery based on mold exposure."<br />Objections to the order<br />The Cherry case also offered a bit of reassurance for lawyers worried their effort to preserve appeal issues might fall short.<br />The landlord asked the Supreme Court to reject the common law issue because Cherry's counsel had merely noted objections on a document appended to Fisher's order dismissing the negligence counts.<br />Citing the 2007 Supreme Court ruling in Nusbaum v.
We can occupy the field
from 6pm onward,' he said, adding the club did not mind renting the field if payment is required.
Because federal law "contemplates extensive state involvement, Congress clearly did not intend to occupy the field
of poultry products," the 9th Circuit said.
In order for that defense to work, however, one of two things must be true: either the federal government's regulation has to completely cover that particular subject ("occupy the field
," as stated in the law) or the state law has to directly conflict with the federal law.
In part due to his advantageous position as a researcher in the Stasi archive, including almost unfettered access to Stasi files, Jens Gieseke is able to provide not only an astonishing amount of detail on this once most secretive of organizations but also to foresee the key academic debates that would occupy the field
for years to come.
(Part 1) Does your brand occupy the field
? Check-the-box versus strategic planning
It is the arena of a federal agency, and Congress has repeatedly indicated that it intended for the federal law to occupy the field
"Denton is rightly seeking to have them identify the actual regulations that supposedly occupy the field
At this year's Rolex Monterey Motorsports Reunion, several cherished cars from this period occupy the field
in the group for 1927-1951 Racing Cars.
Instead, it would rather forgo the traditional and constrictive labels usually associated with companies that occupy the field
, and be satisfied to describe the way in which its offering brings efficiency, while leaving the labeling to others.
The First Circuit inferred an unmistakably clear intent of federal law to occupy the field
of pilot regulation related to air safety, to the exclusion of state law and that, in this case, "all flight plans lead to Washington.