Blogs about: Preemption
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California’s Compassionate Use Act Does Not Require Municipalities to Allow Medical Marijuana Dispensaries
A recent case involved the operation of a medical marijuana dispensary in a city where marijuana dispensaries were not an enumerated use under the city’s zoning laws. The city promptly informed the o… more →
LAW OF THE LAND
Scrap metal regulation passing through Baltimore City Council
Michael Sanderson wrote 1 week ago: The Baltimore City Council recently passed a bill through second reader to regulate scrap metal deal … more →
Pre-publication unrevision
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thesiegeperilous wrote 2 weeks ago: I’m not entirely certain how many of the words in the title to the post are actually words, th … more →
Eighth Circuit holds that state law claims of failure to warn against generic manufacturers are not preempted by the FDCA.
Jodie L. Hill wrote 2 weeks ago: Mensing v. Wyeth, Inc., No. 08-3850. In March 2001, Gladys Mensing’s doctor prescribed Reglan to tre … more →
No Preemption No Problem: State Courts Step Up
audreymfg wrote 3 weeks ago: For anyone following the U.S. Supreme Court’s emerging case law on FDA approval and preemption … more →
Chamber of Commerce v. Brown
ERISA Tort Preemption and HR 3962, Take Four
Tim Jost wrote 1 month ago: In recent days, Mark Hall, Richard Johnson, and Peter Jacobson have all offered opinions as to how H … more →
ERISA Preemption Redux
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Peter Jacobson wrote 1 month ago: In a recent post, Mark Hall raises an interesting issue regarding ERISA preemption and the proposal … more →
5th Circuit Applies Medellín, Finds State Law Preempted by Treaty
swiftpoint wrote 1 month ago: The 5th Circuit, sitting en banc, has held that a U.S. treaty, implemented through an act of Congres … more →
Convention Center Sues over Worker Protection Ordinance
Matt Jerzyk wrote 1 month ago: Unsurprisingly, the anti-union, Carcieri-led Rhode Island Convention Center Authority has filed a fe … more →
Medtronic's latest legal foe: Petco: Blames aquarium heater for fire that resulted in $1M in damages.
Mark Baird wrote 1 month ago: I believe many electrical devices are UL approved in the same manner devices are approved by the FDA … more →
On the Corporate Antipathy toward Federalism
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euandus wrote 1 month ago: The House Financial Services Committee has voted to give the federal government the power to block t … more →
A Blow To Wall Street
temp wrote 2 months ago: The preemption fight is not over, however. “I think that it will continue to be an issue. And … more →
Bush 2,689 Al-Qaeda 1. George W Bush Won The Peace Prize That Matters
aconservativeedge wrote 2 months ago: Bush Preemptive Strike Doctrine Under Review, May Be Discarded. The Pentagon is reviewing the Bush a … more →
10th Circuit Rules Federal Law Does Not Preempt State Subdivision Law
Patty Salkin wrote 2 months ago: The 10th U.S. Circuit Court of Appeals ruled the Federal Land Policy Management Act (FLPMA) did not … more →
California’s Compassionate Use Act Does Not Require Municipalities to Allow Medical Marijuana Dispensaries
Patty Salkin wrote 2 months ago: A recent case involved the operation of a medical marijuana dispensary in a city where marijuana dis … more →
Case Comment: Movsevian v. Victoria Versichureng AG
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swiftpoint wrote 3 months ago: Summary In late August, the 9th Circuit ruled that a California statute extending the statute of lim … more →
Wisconsin Appeals Court Finds Municipalities Preempted from Regulating Solar and Wind Energy Systems Where Such Actions Set Policy
Patty Salkin wrote 3 months ago: The Ecker brothers are farmers who were seeking to expand their wind energy output by supplementing … more →
Health Reform Supersedes ERISA
georgegjp wrote 3 months ago: By superseding ERISA, H.R. 3200 poses a real threat to the current flexibility of employer sponsored … more →
Video Lottery Facility Licenses Would Not be Issued by Commission Where Local Zoning Would Not Permit Such Use
Patty Salkin wrote 3 months ago: On December 19, 2008, the Video Lottery Facility Location Commission issued a “Request for Proposals … more →
