preemptive rights example

4123 results for preemptive rights example

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  • 505 U.S. 88 (1992), 90-1676, Gade v. National Solid Wastes Management Association

    ... . pursuant to the Illinois licensing acts. Thus, for example, some of the Association's members must ensure that their ... Appeals have found the OSH Act to have a much narrower preemptive effect on "dual impact" state regulations. See Associated ... or affect in any other manner the common law or statutory rights, duties, or liabilities of employers and employees under any law ...

  • 563 U.S. 333 (2011), 09-893, AT&T Mobility LLC v. Concepcion

    ... noting, for example, that the informal dispute-resolution. process was "quick, ... preemptive effect might extend even to grounds traditionally. thought ... ensuring that third parties' due process rights are. satisfied. . .          Third,. ...

  • 501 U.S. 597 (1991), 89-1905, Wisconsin Public Intervenor v. Mortier

    ...Absent explicit preemptive language, congressional intent to supersede state law may less be implicit if, for example, the federal Act touches a field in which the federal interest is ... Mortier, in conjunction with respondent Wisconsin Forestry/Rights-of-Way/Turf Coalition, [ 3 ] brought a declaratory judgment ...

  • 530 U.S. 363 (2000), 99-474, Crosby v. National Foreign Trade Council

    ... upon certifying that Burma has made progress in human rights and democracy, to impose new sanctions upon findings of ...Assistant Secretary of State Larson, for example, has directly addressed the mandate of the. . federal Burma law ...In Barclays, we had the question of the preemptive effect of federal tax law on state tax law with discriminatory ...

  • 471 U.S. 202 (1985), 83-1748, Allis-Chalmers Corp. v. Lueck

    ...5 .         The preemptive effect of § 301 was first analyzed in Teamsters v. Lucas Flour ...Because neither party could be certain of the rights which it had obtained or conceded, the process of negotiating an ... Wisconsin court attempted to demonstrate, by a proffered example, the way in which a bad faith tort claim could be unrelated to ...

  • 464 U.S. 238 (1984), 81-2159, Silkwood v. Kerr-mcgee Corp.

    ...(2).  The Court of Appeals held that because of the preemptive effect of federal law, punitive damages could not be awarded.  ...       "[T]he jury may give damages for the sake of example and by way of punishment, if the jury finds the defendant or ... . of such recklessness and wanton disregard of another's rights that malice and evil intent will be inferred.  If a defendant is ...

  • 513 U.S. 219 (1995), 93-1286, American Airlines, Inc. v. Wolens

    ...§ 1305(a)(1). This case concerns the scope of that preemptive provision, specifically, its application to a state-court suit, ... . Fraud Act. For example, the guidelines enforcing the legislation instruct airlines on nguage appropriate to reserve rights to alter frequent flyer programs, and they include transition ...

  • 486 U.S. 825 (1988), 86-1387, Mackey v. Lanier Collection Agency & Service, Inc.,

    ... to ERISA plans brings it within the federal law's preemptive reach. Shaw v. Delta Air Lines Inc., 463 U.S. 85. Moreover, the ...Suits for benefits or to enforce a participant's rights under a plan may be brought in either federal or state court. 29 ... Such is the usual understanding of garnishment. For example, garnishment in the federal system is available under the Federal ...

  • 479 U.S. 272 (1987), 85-494, California Federal Savings & Loan Assn. v. Guerra,

    ...Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination on the ... Civil Rights Act of 1964 severely limit Title VII's preemptive effect by leaving state fair employment laws where they were ...For example, the House Report explained that the proposed legislation. does ...

  • 555 U.S. 555 (2009), 06-1249, Wyeth v. Levine

    ...Evidently, it determined that widely available state rights of action provided appropriate relief for injured consumers. 7 ... comment, articulated a sweeping position on the FDCA's preemptive effect in the regulatory preamble. The agency's views on state ... in lawful specific regulations describing, for example, when labeling requirements serve as a ceiling as well as a ...

  • What Is Federalism in Healthcare For?

    ... implementers, has been cited as a particularly prominent example of modern federalism. (1) Indeed, the ACA has been deemed a ... construct, and such a policy might also be deemed states' rights- or federalism-friendly if it pushes policy choices to the ... "states' rights," would retain a supervisory, preemptive role for the federal government. For example, the bill that ...

  • 542 U.S. 200 (2004), 02-1845, Aetna Health Inc. v. Davila

    ... THCLA creates a duty that is not external to respondents' rights under their respective plans. Finally, nowhere in. Rush ...  (giving examples where federal courts have issued such preliminary injunctions). ... is consistent with our governing case law on ERISA's preemptive scope. I therefore join the Court's opinion. But, with greater ...

  • 485 U.S. 293 (1988), 86-986, Schneidewind v. ANR Pipeline Co.

    ...The Court of Appeals reversed, holding that both the preemptive effect of the federal regulatory scheme and the Commerce Clause ...§ 4 of the NGA, as amended, 15 U.S.C. § 717c. For example, to calculate a reasonable rate of return on invested capital, ... the issuance of the certificate and to the exercise of the rights granted thereunder such reasonable terms and conditions as the ...

  • 463 U.S. 1 (1983), 82-695, Franchise Tax Bd. of State of Cal. v. Construction Laborers Vacation Trust For Southern California

    ..., a judgment be issued declaring the parties' respective rights.  CLVT removed the case to Federal District Court, which, after ... a construction of ERISA and/or an adjudication of its preemptive" effect and constitutionality--all questions of federal law. .  \xC2"...nn. 19 and 20, supra. Alleged patent infringers, for example, have a clear interest in swift resolution of the federal issue ...

  • 495 U.S. 362 (1990), 89-322, United Steelworkers of America, AFL-CIO-CLC v. Rawson,

    ..., for, as third-party beneficiaries, they have no greater rights in the agreement than does the promisee, the employer. Here, the ...     In recent cases, we have recognized that the preemptive force of § 301 extends beyond state law contract actions. In ...There is no allegation, for example, that members of the safety committee negligently caused damage ...

  • 496 U.S. 72 (1990), 89-152, English v. General Electric Company

    ...'s state law tort action by inserting specific preemptive language into any of its enactments governing [110 S.Ct. 2276] ...For example, if an employer were to retaliate against a nuclear whistleblower ... on July 30, and retained certain benefits and recall rights at that point, as a practical matter she no longer was employed ...

  • 461 U.S. 190 (1983), 81-1945, Pacific Gas And Elec. Co. v. State Energy Resources Conservation & Development Com'n

    ...1305, 1309, 51 L.Ed.2d 604 (1977). Absent explicit preemptive language, Congress' intent. . to supercede state law altogether ... that utilities acquire surrounding development rights, § 25528, and the reprocessing provisions of § 25524.1(a). The .... 13 Pacific Gas and Electric, for example, had spent at least $10 million before even filing a notice of ...

  • 471 U.S. 724 (1985), 84-325, Metropolitan Life Insurance Co. v. Massachusetts

    ...For example, the majority of States currently require that coverage for ... Lines, Inc., supra, where we held that the New York Human Rights Law and that State's Disability Benefits [105 S.Ct. 2389] Law ... into federal statutes in order to enlarge their preemptive scope. Further, there is no indication in the legislative history ...

  • 373 U.S. 132 (1963), 45, Florida Lime & Avocado Growers, Inc. v. Paul

    ... regulation of a field of commerce should not be deemed preemptive of state regulatory power in the absence of persuasive reasons -- ...520. That would be the situation here if, for example, the federal orders forbade the picking and marketing [83 S.Ct. ... existing dispute between the parties as to present legal rights amounting to a justiciable controversy which appellants are ...

  • 480 U.S. 202 (1987), 85-1708, California v. Cabazon Band of Mission Indians

    ... state interest is not sufficient to escape the preemptive force of the federal and tribal interests apparent in this case. ... notwithstanding the issuance of any patent, and, including rights-of-way running through the reservation. . This definition ...For example, in United States v. Marcyes, 557 F.2d 1361, 1363-1365 (CA9 ...

  • 498 U.S. 52 (1990), 89-1048, FMC Corporation v. Holliday

    ... arrangement -- prohibits FMC's exercise of subrogation rights. The Court of Appeals affirmed, holding that the Employee ... language in the Act, "indicat[ing] that the section's preemptive scope was as broad as its language." Shaw v. Delta Air Lines, ...It does not, for example, preempt general state garnishment rules insofar as they relate ...

  • 386 U.S. 171 (1967), 114, Vaca v. Sipes

    ..., with its corresponding reduction in the individual rights of the employees so represented, would raise grave constitutional ...In some cases, for example, at least part of the employee's damages may be attributable to ... unfair labor practices, the Board's jurisdiction is preemptive. Garner v. Teamsters Union , 346 U.S. 485 (1953); Guss v. Utah ...

  • Immigration separation of powers and the president's power to preempt.

    ... theories of executive power to justify extending preemptive effect to administrative decisions. At the same time, however, it ... immigration reform presents just the most recent example of the difficulties facing congressional enactments in ... Justice concluded that the defendant's Vienna Convention rights had been violated. (46) In doing so, the Court emphasized the ...

  • __ U.S. __ (2015), 14-462, DIRECTV, Inc. v. Imburgia

    ... the preemptive effect, if any of the [Federal Arbitration. Act].'" 225 ... invalidated by, for example, federal labor law, federal. pension law, or federal civil rights law. Yet, we have found. no such case. Moreover, the reach ...

  • Law and the market: the impact of enforcement.

    ... its share value, this can be overridden by, for example, (1) the interest of its controlling shareholders in maintaining ..., financial development requires not only that property rights be respected and contracts enforced, but also that investors and ...at R. 14.1, and thus the U.K. Listing Rules governing preemptive rights, Rules 9.3.11 and 9.3.12, are inapplicable to such ...