Tags » Preemption

Trump’s Immigration Guidance: The Rule of Law Returns


On Tuesday, John Kelly, President Trump’s Secretary of Homeland Security, published a six-page, single-spaced memorandum detailing new guidance on immigration enforcement. 979 more words

Counter Jihad Report

State law can't protect uncopyrightable design for useful article

Ultraflo Corp. v. Pelican Tank Parts, Inc., No. 15-20084
(5th Cir. Jan. 11, 2017)

A nice citation for the proposition that §301 preemption
covers both copyrightable and uncopyrightable matter. 413 more words

GM's defeat device is almost by definition fraudulent omission

Counts v. General Motors, LLC, No. 16-cv-12541, 2017 WL
588457 (E.D. Mich. Feb. 14, 2017)

Plaintiffs sued GM for deceptive advertising, breach of
contract, and fraudulent concealment claims under the laws of thirty states based… 1,031 more words

Update: Colorado Sues Boulder County Over Divergent Oil and Gas Regulation

A February 8 post, Kudos to Colorado AG for Rebuking Boulder County on Its Fracking Moratorium, discussed a letter Colorado Attorney General Cynthia H. Coffman sent to the Boulder County Board of County Commissioners warning that the state would file suit if the county did not end its moratorium on new oil and gas development permits by February 10. 184 more words

Regulation Of Free Enterprise

South Carolina May Ban Local Paid Sick Leave Laws

South Carolina may join the growing list of states that prohibit political subdivisions from requiring employers to provide paid sick leave.  Senate Bill 218 would ban political subdivisions from requiring employers to provide employees an “employee benefit”, defined as “anything of value that an employee may receive from an employer in addition to wages.”  The list of examples of employee benefits includes paid sick leave and paid personal necessity leave.   120 more words


Kudos to Colorado AG for Rebuking Boulder County on Its Fracking Moratorium

In the last several years, municipal and county governments have thrust themselves into some of the nation’s most contentious legal-policy debates by imposing regulatory mandates and restrictions on business conduct. 458 more words

Environmental Law & Regulation

Race-based Challenge to Alabama Preemption Law Rejected

A federal court judge in Alabama last week rejected a variety of race-based challenges to the Alabama Uniform Minimum Wage and Right-to-Work Act, also known as House Bill 174 and Act 2016-18.   321 more words

Paid Sick Days