analysis must be guided by respect for the
Unless Congress repeals the ERISA pre-emption
, whatever version of "health care reform" is enacted will, for many, prove illusory.
At its core, Wyeth is about little more than the simple federal pre-emption
of state tort laws.
However, HSBC said the removal of the pre-emption
rights was only designed to ensure a smooth path for the fundraising and would last no longer than the end of the rights issue.
In January 2008, in an 8-1 decision, the Supreme Court held that federal pre-emption
bars state law claims that challenge the safety or effectiveness of medical devices receiving FDA premarket approval.
Plaintiffs undoubtedly will argue that the circumstances of their cases fit within this footnote and that pre-emption
thus does not apply.
In refining the bill from its original version, Wolin noted that the pre-emption
was narrowed to block only those measures that would cause a jurisdiction to treat a non-U.
Otherwise, the majority's language was strong in favor of PMA pre-emption
In Guantanamo Bay this doctrine of pre-emption
is extended to individuals.
The study was conducted by Paul Mynersm chairman of retailer Marks & Spencer, who proposes relaxing rules on pre-emption
rights, which give existing shareholders first refusal when a company issues new shares.
Spain's law on public limited liability companies states that listed companies can refuse the pre-emption
right of existing shareholders when it increases its capital to issue new shares to cash buyers.
AA RIGHT of pre-emption
gives a named third party (in this particular example, it may be the farmer who originally owned the cottage) first refusal of the property.
Another federal agency with a somewhat lower profile, the Office of Thrift Supervision (OTS), claims the same pre-emption
authority over 928 federally chartered thrifts--so they wouldn't have to comply either with the rash of local laws.
A portion of the bill also would extend a current pre-emption
of tougher state privacy laws such as California's.
The talks are continuing -there are certain pre-emption
rights that mean that it is most likely that Pubmaster will be sold as a whole,' the source said.