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Proposition 65 Plaintiffs Attacking Meat Industry Being Met With Preemption Argument ( May 2005 )
Last year, the California Supreme Court issued its decision in Dowhal v. SmithKline Beecham Consumer Healthcare, holding that when a Proposition 65 warning directly conflicts with requirements under federal law, the federal requirement prevails. -
Implications of Beneficial National Bank v. Anderson on Banking Law and the Complete Preemption Doctrine ( September 2004 )
The decision by the United States Supreme Court in Beneficial National Bank v. Anderson, holding that the National Bank Act completely preempted state usury law claims against nationally chartered, federally insured banks, has significant impact on the doctrine of complete preemption, not only within the realm of usury claims, but within the umbrella of other federal laws as well. The net effect of the decision has already allowed (and will continue to allow) the removal of suits based on claims arising under other areas of federal law. -
Aviation Law Alert: April 15, 2004 ( April 2004 )
On April 13, 2004, the United States Court of Appeals for the Fifth Circuit filed its decision finding that, in a case involving deep vein thrombosis on a domestic flight, an airline passenger's tort claims are preempted by the Airline Deregulation Act of 1978. The trial court's decision to the contrary was reversed and judgment was rendered in favor of the airline. -
The U.S. Legal System ( January 1999 )
In the United States, laws are made at the federal and state levels. Laws adopted by legislative bodies - Congress and state legislatures - are called "statutes." The federal and state courts enforce statutes. They also create law. These materials describe some of the basic concepts of our legal system, and the roles played by legislatures and courts. -
Fourth Circuit Decides That Counsel To an ERISA Qualified Plan May Be Sued For Malpractice ( February 2000 )
In Custer v. Sweeney, 89 F.3d 1156 (4th Cir. 1996), the United States Court of Appeals for the Fourth Circuit, in a. -
The Evolving Standard for ERISA Preemption of State Law Under Recent United States Supreme Court Precedent ( July 1999 )
The Employee Retirement Income Security Act ("ERISA") was passed in 1974. The purpose of ERISA was to "promote . -
Risk Retention Groups: Preemption of State Law ( December 1997 )
This article examines the impact of the preemption provisions contained in the Liability Risk Retention Act on the ability of states to regulate risk retention groups. -
Minnesota Striker Replacement Act Preempted By Federal Labor Law ( April 1994 )
The Minnesota Supreme Court recently published its long-awaited decision striking down the Minnesota Striker Re.
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