Sentences with phrase «over preemption»

House and Senate committees have begun, or plan to begin, hearings on the rule, and members concerned over the preemption of state rules might seek a legislative remedy.

Not exact matches

But though Article 2 of the Charter sought to outlaw any use of armed force between or among states except in defense against aggression, it did not clearly define what counted as aggression — a matter that remains unsettled, as the recent debate over what counts as legitimate preemption testifies.

The amendment allows for preemption by Occupational Safety and Health Administration (OSHA) regulations over any differing city or county rules on the subject.

«Comparatively,» the Supreme Court preemption precedent on which the defendant relied (chiefly Mensing / Bartlett) «spoke directly on the FDA's power to regulate what speech appears in a drug's «label» and when that power takes preemptive effect over what is required by state tort law.»

If, however, a local law is local in scope and effect, and a tier of state law exists over the same subject matter, we do not think that the local law could or should be treated as «state law» for preemption purposes.

I agree with the argument that the federal government's authority under the preemption clause will prevail over the Arizona state law... Otherwise we could have 50 states writing immigration laws and it would result in the chaos that the preemption clause was specifically created to prevent.»

(1) extending negligent misrepresentation beyond «business transactions» to product liability, unprecedented in Texas; (2) ignoring multiple US Supreme Court decisions that express and implied preemption operate independently (as discussed here) to dismiss implied preemption with nothing more than a cite to the Medtronic v. Lohr express preemption decision; (3) inventing some sort of state - law tort to second - guess the defendant following one FDA marketing approach (§ 510k clearance) over another (pre-market approval), unprecedented anywhere; (4) holding that the learned intermediary rule does not apply whenever a defendant «compensates» or «incentivizes» physicians to use its products, absent any Texas state or appellate authority; (5) imposing strict liability on an entity not in the product's chain of sale, contrary to Texas statute (§ 82.001 (2)-RRB-; (6) creating a claim for «tortious interference» with the physician - patient relationship, again utterly unprecedented; (7) creating «vicarious» breach of fiduciary duty for engaging doctors to serve as expert witnesses in mass tort litigation also involving their patients, ditto; and (8) construing a consulting agreement with a physician as «commercial bribery» to avoid the Texas cap on punitive damages, jaw - droppingly unprecedented.

PREEMPTION - a term used to describe the trumping of federal over state law.