Search Results for: preemption

Memorandum for the Heads of Executive Departments and Agencies, The White House, May 20, 2009 [directing that a sufficient legal basis is required for federal authorities to preempt state laws and that any legitimate state prerogatives should be fully considered,...

The US Supreme Court heard oral arguments Tuesday in two cases. In Forest Grove School District v. T.A. , the Court will consider whether the...

The US Supreme Court ruled 6-3 Wednesday in Wyeth v. Levine that the drug labeling requirements under the Federal Food, Drug, and Cosmetic Act (FDCA) do...

The US Court of Appeals for the Second Circuit upheld Tuesday a New York City law that requires chain restaurants to post caloric content information on their menus and menu boards in...

JURIST Guest Columnist Micah Berman of New England School of Law says that by bringing attention to the issue of "light" and "low tar" cigarettes, the US Supreme Court's ruling in Altria v. Good may prompt state attorneys general to...

Retail chain Walgreens filed a lawsuit Monday in California Superior Court seeking an injunction and the repeal of an ordinance that prohibits the sale of tobacco at...

Deborah Fellner v. Tri-Union Seafoods, L.L.C. d/b/a Chicken of the Sea, US Court of Appeals for the Third Circuit, August 19, 2008 [ruling that existing US Food and Drug Association (FDA) regulations do not preempt a state claim for mercury...

Howard Learner : "On the transportation front, the Clean Air Act balances federal and state interests by making clear a binary approach: states are empowered to adopt California's emission standards, if a waiver is...

Howard A. Learner : "Sixteen environmental and Alaskan conservation organizations, represented by public interest attorneys from the Environmental Law & Policy Center, filed an amicus curiae brief before the U.S. Supreme...

The US Supreme Court handed down decisions in five cases Wednesday, including Rowe v. New Hampshire Motor Transport Association , where the Court held that federal law preempts two provisions...