The bankers argue that the affiliate sharing restrictions are plainly preempted by the federal Fair Credit Reporting Act.
California courts hearing the Williamson case determined that the tort suit was preempted and tossed it out of court.
The preempted traffic light returns to normal operation within a cycle or two.
Precisely when a state law should be deemed impliedly preempted by federal law is an often-complicated legal issue that raises sensitive federalism issues.
The federal government gave the only intellectually honest answer to that question: design-defect claims are preempted because they conflict with the federal drug approval process.
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The pending Bartlett case will determine whether Mensing applies to design-defect claims and whether it requires a finding that such claims against generic drug manufacturers are similarly preempted.
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But the judge, California Superior Court's John Munter, decided that the case could move forward in the state court, saying it was not federally preempted as the banks had argued.
By moving beyond touch, Samsung may well have preempted what Apple felt was its own special territory and usurped its role as king of the interface, which is no mean feat.
Of course, the Supreme Court has long recognized a strong presumption against federal preemption, which requires courts not to find state laws preempted unless that was the clear and manifest purpose of Congress.
In several of these cases, federal legislation has preempted state jurisdiction through either actions by Congress or rulings by the Supreme Court, but the federal government is not the only source of regulations.
He preempted that by sacking the judges and essentially installing his own hand-picked judiciary, which is not recognized by the vast majority of judges and lawyers throughout Pakistan, who have since been on strike.
Google initially wanted to destroy the data without looking at it in order to not invade privacy further, but was preempted from doing that by a slew of lawsuits over the invasion of privacy.
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Instead of focusing on who owns the moon, the international community needs find ways to incentivize future business activity on the moon by guaranteeing that rights to land and resources will not be preempted by competing interests, said Hertzfeld.
Mensing that failure-to-warn claims against generic drug companies are preempted by federal law, primarily because generic companies have no authority to make unilateral changes to their product labels even if they come to believe that stronger safety warnings are warranted.
In 2007, the federal Ninth Circuit Court of Appeals held in 2007 that all state IP claims against UGC websites (including, presumably, state copyright laws) categorically are preempted by a different federal website immunity, 47 U.S.C. 230 (see Perfect 10 v. ccBill).
When the U.S. Supreme Court decides a case against Mazda Motor of America Inc. over a death allegedly caused by the lack of a shoulder strap in a minivan, it could put automakers on the hook for a wide range of state law claims that courts have long deemed preempted by federal regulation, experts say.
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