Tags » Preemption

Paid Sick Leave Quarterly: 4Q 2017

As we wrap up the last quarter of 2017, the vast and complex patchwork of PSL laws consists of more than 40 laws: 8 state laws, the District of Columbia, 2 county laws and about 30 municipal laws. 1,226 more words

Paid Sick Leave

Nothing Says "Kentucky" Like Fried Chicken ...

Or a claim for “bourbon pollution.” The plaintiff in Brown-Forman Corp. v. Miller undoubtedly phrased his claim in more formal language, but the heart of his complaint was that the “angel’s share” escaping from bourbon barrels on his neighbors’ properties was promoting the growth of “whiskey fungus” on his.* Given the basic facts, it’s remarkable that the parties ever reached the (significant) legal issues, but they did. 96 more words

New York tries end-run around FCC preemption with net neutrality bill

(Source: arstechnica.com)

A New York state legislator has proposed a net neutrality law in one of the latest state-level challenges to the repeal of federal net neutrality rules. 377 more words

Technology

FDA Cannot Remain MIA as States', Cities' Drug-Litigation Crusade Threatens Regulatory Uniformity

A November 30, 2017 post discussed the Food and Drug Administration’s (FDA) return to third-party courtroom advocacy for national, uniform regulation of products under its authority. 929 more words

Civil Justice & Litigation

Are Smokefree Florida Parks and Beaches Coming?

Few Florida residents know that the state is one of only eight in the nation with an outdated law from 1985 called preemption that only allows the state to decide on matters of smoking leaving cities and counties powerless.  232 more words

Smoking

The Paid Sick Leave Patchwork Comes to Congress

A few months shy of five years ago, I predicted in a blog post the development of the paid sick leave patchwork . I wrote then: 397 more words

Paid Sick Leave

PTAB: Protein modeling software claims are patent-eligible, arguing preemption

It has been over a year since the Federal Circuit decided McRO v. Namco Bandai. In short, McRO decided that software models can be patent-eligible. 368 more words

101 - Nonstatutory Subject Matter