In addition, nine states([section]) have completely rescinded state laws preempting
local smoking restrictions since 2000 through legislative action, ballot measures, or court decisions (2).
Thus, Medtronic qualified Justice Stevens's apparent proposal in Cipollone to disregard the Silkwood presumption against preempting
common law claims, even where preemption of positive law was clear.
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.
local smoking restrictions in at least one of the three settings were rescinded by legislative action in seven states.
The National League of Cities, the National Association of Telecommunications Officers and Advisors (NATOA) and 33 State Municipal Leagues filed a petition for reconsideration before the FCC urging the agency to reconsider its final order preempting
the ability of local governments to regulate the zoning of satellite earth stations.
Twenty-one states preempt at least one provision of minors' access restrictions (eg, sales to youths, vending machines, and distribution) Ten states preempt all three components of minors' access laws Of 21 states with provisions preempting
local minors' access laws, 76% became effective during July 1993-July 1996.
Members of NCSL should not get carried away with self-congratulation, though; Congress continues to impose mandates on states and exhibits what can only be described as zeal for preempting
BOSTON -- Court Affirms Gramm-Leach-Bliley Allowing National Banks to Sell Insurance and Preempting
Provisions in State Law
CCL has asserted that preempting
victims' redress is the wrong response to prosecutorial overreaching.
1) In the early 1990s, medical device manufacturers began to argue that the law regulating their products immunized them from liability by expressly preempting
state law damages claims.
a Minnesota appellate court, while properly dismissing an FDA fraud claim, implied that Buckman may be interpreted as preempting
other claims the court found otherwise untenable.