Sentences with phrase «about preemption»

Now, when the Supreme Court makes a holding like that about preemption, that should be the end of the matter.

After Levine it's pretty clear though that implied preemption is going to depend quite a bit on what the FDA has to say about specific drug risks, and not very much on what the FDA has to say about preemption.»

Not exact matches

He has some intelligent things to say about the madnesses of multiculturalism and affirmative action, and rightly deplores the national preemption of questions such as abortion and religion in public education.

Judge Carlos Lucero, in a partial dissent, argued against such immunity: «The notion that a device manufacturer is immune from liability for harm caused by its device when the manufacturer has pushed the device for a use that the [U.S. Food and Drug Administration] never approved is neither logical nor consistent with the Supreme Court's prior rulings about the scope of preemption of claims arising from harm caused by medical devices.»

In a concession to animal advocates, the Arizona preemption bill included a disclosure requirement — stores must label each animal's cage with information about the breeder, including the USDA license number.

Below are some helpful links to learn more about the threat of preemption and how to defend local rights:

Now all of this should sound like preemption to our DDL blog readers, but because we are talking about co-equal state law (state statute and state common law), the question is framed as whether the enactment of the statute displaced the existing common law.