Tags » Preemption

Russia's Preemptive Nuclear War Doctrine

You Call It “Offensive,” We Call It, “Defensive!”

The setting is the Pentagon. The year is 1964. Then-Secretary of Defense Robert McNamara is at the height of his power. 2,311 more words


when are state law unfair competition claims preempted?

Duer v. Bensussen Deutsch & Associates, Inc., 2015 WL
11256568, No. 14-CV-01589 (N.D. Ga. Jul. 8, 2015)

Very broad preemption finding makes me blog this older case… 480 more words

Allentown RTKL Response to Illegal Firearm Regulation Proposals

As many of our viewers are aware, I frequently submit Right to Know Law (RTKL) requests to municipalities in relation to firearms law matters. After the City of Allentown noticed its intent to propose and adopt new firearm ordinances, in violation of 18 Pa.C.S. 296 more words

Firearms Law

Federal Court in NY Cites Obstacle Preemption in Dismissing State-Law Fraud Suit Against Organic Producer

Featured Expert Contributor — Civil Justice/Class Actions

Frank Cruz-Alvarez, a Partner in the Miami, FL office of  Shook, Hardy & Bacon L.L.P. with Ravika Rameshwar… 677 more words

Civil Justice & Litigation

Supreme Court of Colorado Confirms that Local Governments Cannot Ban Hydraulic Fracturing

From May to August, I was preoccupied with bar examination (Pennsylvania) and wedding preparation. That’s no excuse, however, not to mention two of this year’s most important shale law decisions. 422 more words

Fayette County, West Virginia, Wastewater Storage & Injection Ban Overturned

Earlier this summer, Fayette County, West Virginia, learned what many other local governments have already come to know: local bans on state and federally-regulated oil and gas activity are, in most cases and jurisdictions, unenforceable. 371 more words

American Hotel & Lodging Assn. v. City of Los Angeles

Los Angeles ordinance setting $15.75 minimum hourly wage is not pre-empted by the National Labor Relations Act.  The NLRA does not preempt state or local laws that prescribe minimum labor standards, though it does preempt laws that interfere with the collective bargaining process.  29 more words

Labor & Employment