And some courts have decided that the question is moot because, even if the state's slayer statute is preempted
, federal common law prohibits a killer from being rewarded for his or her crime as a beneficiary so the outcome is the same.
On June 25, 2018, California state legislators amended a budget bill to preempt
local governments from adopting new soda taxes for the next 12 years.
held that ERISA cannot preempt
UPDPA because ERISA only preempts
(28) Addressing criticism that focused on the point that only Congress can grant the FCC power to preempt
state law through explicit statutory language, the FCC argued the statutory language of Section 706 is not exhaustive and includes "the rule common throughout communications law"--that the FCC may preempt
found organizations with a high percentage of shared passwords also see an increased rate of compromised passwords.
Recognizing that preemption can cut both ways, Congress has sometimes written preemption clauses that preempt
only weaker state regulations.
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.
But the Connecticut Supreme Court overturned the decision, ruling that HIPAA does not preempt
such negligence lawsuits.
Dodick's report on the proportion of patients achieving at least a 75% reduction in headache days per month was just one of several secondary end points in PREEMPT
presented at the congress for the first time.
In determining whether state laws preempt
local smoking restrictions, the STATE System considers statutes and examines relevant case law, because rulings by state courts sometimes have been decisive in determining whether local policies were preempted
Kel Seliger, R-Amarillo, noted that there was "nothing in this bill that eliminates plastic bags in the waste stream," and he feared that cities wanting to ban bags would be preempted
from doing so under the bill's language.
The court examined the preemption doctrine, finding, as had numerous other courts, that the power of Congress to preempt
state law derives from the supremacy clause of Article 6 of the Constitution.