I find it even unacceptable that this committee that is trying its best to get to the bottom of things to find the truth in a manner that is most objective, apolitical and totally without agenda should be preempted
by an investigation which up to now I cannot fathom whether it is ongoing, terminated or suddenly, inexplicably concluded," said Garcia.
Monster, a consumer class action, Judge Phillips twice issued orders dismissing the claims, finding that they were preempted
, subject to the primary jurisdiction of the FDA, and otherwise not actionable.
The 6th Circuit found that when a generic manufacturer fails to follow the brand-name label in a timely manner, failure-to-warn claims are not preempted
The central question on appeal was whether the Dramshop Act preempted
the claims against defendant.
And since Oregon's authorization of the use of medical marijuana was preempted
, the employee's use of marijuana was "illegal drug use," and the employer had no obligation to accommodate the employee.
The California Supreme Court held that the state law was not preempted
by the federal scheme.
The decision in that case established that whenever a beneficiary obtains group health coverage through an employer, benefits disputes are preempted
section] 1144(b)(2)(A), it will be deemed preempted
if it allows plan participants to obtain remedies that Congress rejected in ERISA.
Judge Benavides relied upon the Supreme Court's Humana decision, which held a lawsuit under the federal Racketeer Influenced and Corrupt Organizations Act was not preempted
but the station never preempted
The court also ruled that a Puerto Rico statute that shielded government physicians from civil liability for medical malpractice suits was preempted
If a plaintiff is receiving health care benefits through an employer, his or her liability claims based on vicarious liability or negligence in UR, QA, or credentialing may be preempted