In its March 2002 determination, the OCC concluded that the first three restrictions significantly interfered with and were preempted
by Federal law as applied to the ability of nationally chartered banks to sell insurance.
The plaintiffs in Kent alleged that they could show this, but WarnerLambert moved to have this "fraud" exception and the plaintiffs' claims preempted
based on an earlier Supreme Court decision, Buckman Co.
was whether the city's annexation right was preempted
by federal law.
The Court held that a provision in the contract requiring arbitration preempted
the authority of the California labor commissioner to determine that the contract was invalid and unenforceable under California's Talent Agencies Act.
In that case, District Judge Michael Baylson granted the drug maker's motion to dismiss, finding he had to defer to the FDA's position--as stated in its amicus brief and the preamble to its drug-labeling rule--that the FDCA preempted
The First Circuit held that the plaintiffs' claims were neither expressly nor implicitly preempted
by the FCLAA, nor implicitly preempted
by Federal Trade Commission (FTC) oversight of cigarette advertising, nor barred by exemptions in the MUTPA.
The notion that when Congress declined to provide a federal private right of action because state law already provided one, it approved a regulatory scheme that impliedly preempted
those state remedies, is illogical.
He said 'the action on the ground preempted
the plans' of the Maute terrorists.
It finally prevailed last year when Congress passed the Lautenberg Chemical Safety Act, which enhanced the EPA's ability to regulate toxic chemicals-but also preempted
future state regulations.
Is it permissible for Congress to delegate the authority to decide what laws are preempted
to a private entity?
The FCC granted both petitions and preempted
most of the laws at issue.
Garcia further said the House committee is trying its best to get to the bottom of things to find the truth in manner that is most objective, apolitical and totally without agenda but that the panel is being preempted
by the CIDG chief's pronouncement in the media last week about the case filing against certain police officers.