Tags » Preemption

The Politics of Preemption and Local Labor Laws: From Minimum Wage to “Right to Work”

Increasingly frustrated by their inability to affect employment law at the federal and state level, progressive advocates have turned their attention to local government.  At this level, they have been able to enact ordinances to raise the minimum wage, guarantee paid sick day laws, and even protect LBGT rights in the workplace — proposals, which have all failed at the federal level.  1,011 more words

On Labor

NY Appellate Court Finds Water Resources Law Does Not Preempt Authority of Local Governments to Regulate Use of Land Through Zoning

Petitioners-plaintiffs owned land in the Town of Greig, situated in a rural residential district. Plaintiffs filed a special permit application seeking permission to install 7,600 feet of underground pipeline for the purpose of transporting water from their property to a “load out” facility in a separate town. 379 more words

Current Caselaw - New York

Utah Federal District Court Lights Alternative Paths to Impossibility Preemption

Guest Commentary

By Matthew A. Reed, Sedgwick LLP

“Impossibility preemption,” the US Supreme Court has warned, “is a demanding defense” to a state tort claim for failure to warn about the risks of a prescription drug.  620 more words

Civil Justice & Litigation

PA Appeals Court Holds State Sentencing and Parole Guidelines Preempt Local Zoning with Respect to Work Release Facility

TWL Realty, LLC, is the owner of land zoned Commercial Highway (CH) and appellee, Keystone Correctional Services, Inc., operates a privately owned community work-release facility building on that land under a contract with the Commonwealth’s Department of Corrections. 1,025 more words

Current Caselaw

Glennen v. Allergan, Inc.

State law claims based on manufacturer’s failure to adequately train physicians on installation of its lap-band implant is preempted by the federal Food, Drug, and Cosmetic Act since, apart from the FDCA, state law imposed no duty on a manufacturer to train physicians… 147 more words

Civil Procedure

Kudos to Colorado Supreme Court for Protecting Private-Property Rights from Special-Interest Enviro Groups

Fracking is alive and well in Colorado.  This past Monday, the Colorado Supreme Court delivered a unanimous and resounding victory to property-rights owners in two important hydrofracking cases.  873 more words

Environmental Law & Regulation

Flagging supplement case revived

ThermoLife Intern., LLC v. Gaspari Nutrition Inc., —
Fed.Appx. —-, 2016 WL 1460171, No. 14–15180 (9th Cir.  Apr. 14, 2016)

 

ThermoLife sued Gaspari (GNI) false advertising under the… 804 more words