This sweeping proposal reaches beyond preempting
state laws for national banks.
Civil Justice: For over 15 years, Congress has considered various proposals to set national standards for product liability lawsuits in state court, thus broadly preempting
an area of traditional state authority, the tort law.
71) Statutes with provisions explicitly preempting
state common law remedies include: Domestic Housing and International Recovery and Financial Stability Act, 12 U.
NAR has asked the high court to find that the plain language of the National Bank Act precludes the Comptroller from creating a class of entity that is not a national bank but that has the dual advantages of limiting the liability of its parent bank and preempting
state laws that apply to its competitors.
action must rise to the level of federal law.
Despite these recent successes, it can be argued that in 1998, Congress and the president increasingly are inclined to ignore the rights of states by preempting
Further, NLC encourages municipalities to let the FCC know that preempting
local authority is not in the public interest because it restricts local governments' ability to be a watchdog for the safety and well-being of the community.
Borrowing with government-guaranteed debt may be only partly interest sensitive, but the guarantees have the effect of preempting
resources from those without access to riskless credit.
e-FraudMart is a fraud database technology, populated with online session traffic and searchable by SQL query as online activity occurs, enabling a revolutionary analytics-based methodology for detecting and preempting
fraud in real-time.
Levine, we will see further indication of how far the Court is willing to go in preempting
state tort law claims to protect business interests.