Tags » Preemption

Association des Eleveurs de Canards et d'Oies du Quebec v. Becerra

California’s law banning foie gras and other products made from force-fed birds is not preempted by the federal Poultry Products Inspection Act, since that act only prohibits states from imposing ingredient requirements, as opposed to restrictions on animal husbandry practices.    112 more words

Civil Procedure

Campidoglio v. Wells Fargo Bank, N.A.

The Home Owners Loan Act does not preempt a state law breach of contract claim that the bank miscalculated adjusted interest rates on loans, since common law breach of contract claims impose no requirements other than those the bank voluntarily assumed in its own agreements.   125 more words

Civil Procedure

Branch Banking & Trust Co. v. D.M.S.I., L.L.C.

The Financial Institutions Reform, Recovery, and Enforcement Act (“FIRREA”) preempts a Nevada law that limited deficiency judgments on foreclosure to the amount by which the price the owner paid to acquire the loan exceeded the foreclosure sale price.   226 more words

Civil Procedure

Life Sciences' September Surprises

The October surprise may be the stuff of electoral legerdemain, but drug and device makers are seeing a few interesting legal twists inside and outside the courtroom in the month of September. 954 more words

Life Sciences Industry News

NJ Appeals Court Holds Local Government Could not Regulate Zoning With Respect to State University Property

Plaintiff Montclair State University (MSU) appealed from an order dismissing its complaint for declaratory and injunctive relief that sought an order permitting it to proceed with the development of a roadway from its campus to Valley Road in Clifton. 343 more words

South Heidelberg Township To Require Firearm Renters To Do What?!?!

Over the weekend, it was reported by Reporter Keith Dmochowski of the Reading Eagle that during the South Heidelberg Township Board of Supervisors meeting on Thursday, August 10th, the… 407 more words

Firearms Law