Court of Appeals for the First Circuit, seeking to set aside a determination by the OCC, which dated back to March of 2002, that the Massachusetts statutes were preempted
by federal law.
Under a unique Michigan statute, most products liability claims against drug manufacturers are preempted
if the drug was manufactured and labeled in accordance with FDA requirements, unless a plaintiff can show that the manufacturer withheld or misrepresented information that would have caused the FDA to deny drug approval.
NLC had filed an amicus or friend of the court brief on behalf of Rochester; the United States filed an amicus brief on behalf of the coop claiming that municipal annexation or condemnation authority of rural electric coop territory is preempted
by federal law.
3) the Court found that federal law preempted
a state products liability lawsuit over an unsafe vehicle, despite a statutory provision that expressly provided that "compliance with" a federal safety standard did "not exempt any person from any liability under the common law.
While the Rule clarifies the OCC's position regarding the applicability of state laws to National Banks themselves, the Rule is silent on the issue of whether assignee liability provisions contained in state laws and regulations (including anti-predatory lending laws) are preempted
by federal law; although the OCC separately addressed this issue in connection with the Georgia Fair Lending Act (GFLA) (see "Standard & Poor's Announces Position on OCC's Preemption Order for the GFLA," published on RatingsDirect on Oct.
Reilly in 2001, the Court found that a Massachusetts law regulating the location of cigarette advertisements was preempted
by a federal statute regulating the content of warning labels.
In several cases, they note, the FDA has actively sided with the pharmaceutical industry by filing amicus briefs urging the courts to find that state tort claims are preempted
kernel can be preempted
, new processes may be scheduled
The lower court had granted the defendants' motion for summary judgment, ruling that the plaintiffs' claims were preempted
by the Federal Cigarette Labeling and Advertising Act (FCLAA).
The Order indicates that the application of the GFLA to national banks and their operating subsidiaries is preempted
by various provisions of federal law and that the GFLA does not apply to such OCC-regulated entities that lend in Georgia.
The rule's preamble states that the "FRA believes that it has preempted
any state law, regulation, or order, including state common law, concerning the operation of a cab car or [multiple-unit] locomotive as the leading unit of a passenger train.
In the past, state-charted housing lenders could follow Office of Thrift Supervision (OTS) regulations that preempted
state law instead of following state restrictions when making alternative mortgages, such as adjustable-rate loans.
Relying on the FDA's marketing approval for new drugs, which includes scrutiny of clinical trials, manufacturing processes, and labeling, a company arguing that state law claims are preempted
will focus on implied conflict preemption.
We need to take note of the fact that the early action of the military and the government has actually preempted
their plans to be able to capture the city,' Abella said in a Palace breifing.
Even when federal statutes are silent about preemption, the Supreme Court has held that federal regulations can "impliedly" preempt state laws where Congress would have preempted
them, had it thought about the matter.