A pre-emption clause
dating from 1878 gave the university first refusal on the site.
In legal doctrine, the following several systems for the limitation of the transfer of a company's shares are usually mentioned: the so-called consent clause and the so-called proposal clause or pre-emption clause
ERISA contains a very broad pre-emption clause
that supersedes almost any state law that "relates to" an employee benefit plan.
70, 77 (2008) ("When the text of a pre-emption clause
is susceptible of more than one plausible reading, courts ordinarily accept the reading that disfavors pre-emption."); Cippolone v.
the state tort action conflicts with the federal regulation." (107) In Williamson, the Court again looked to those three questions and noted that "[i]n light of Geier, the statute's express pre-emption clause
cannot pre-empt the common-law tort action; but neither can the statute's saving clause foreclose or limit the operation of ordinary conflict pre-emption principles." (108) As a result, the Court turned its attention once again to Geier's third subsidiary question.
Although the Federal Meat Inspection Act has an express pre-emption clause
, here the 9th Circuit interpreted the provision narrowly and applied the presumption against pre-emption.
While Broad in its Reach and Scope, ERISA's Pre-emption Clause
The majority opinion, however, contains no indication that the express pre-emption clause
is without force in a case where the 'defect comes to light only after premarket approval'.
Medtronic Inc., in which the high court held that the pre-emption clause
in the Medical Device Amendments of 1976 bars common law claims challenging the safety and effectiveness of a medical device that has received premarket approval by the FDA.
Altadis declined to comment and did not confirm that such a pre-emption clause
on the cigar business Corporacion Habanos existed.
Mrs Scotto had relied on a pre-emption clause
in the company's articles of association in her attempt to thwart Northern Racing, but Lord Justice Nourse, Lord Justice Chadwick and Lady Justice Hale upheld the ruling by Lord Hoffman in the High Court in January that other shareholders, who had signed sale agreements with Northern Racing, were not obliged to notify Sedgefield's directors of the deal under the pre-emption clause
Consequently, even if ERISA's pre-emption clause
operated to prevent state law-based suits directly against the an ERISA plan, the preemption clause did not apply to bar suits against agents of the plan, particularly when the doctor/agent was being sued for medical malpractice rather than for implementation of the plan.