Sentences with phrase «preemption clause»

Plaintiff's argument that there is a strong presumption against preemption and that this presumption applies to the MDA's express preemption clause is frivolous.

«While federal laws are presumed not to preempt state laws, courts do not invoke that presumption when the federal statute contains an express preemption clause.»

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.»

The bills feature a strongly worded preemption clause that specifically bars any local municipalities, including city, town, or county government from issuing any local law or ordinance on «all matters pertaining to drug disposal of controlled substances.»

Not exact matches

The Judge granted the County's motion to dismiss on all claims, including a challenge under the Commerce Clause, Equal Protection Clause, federal and state law preemption, Contracts Clause, and vagueness.

Problems will no doubt arise, including legal obstacles such as possible Federal preemption or litigation associated with the so - called Dormant Commerce Clause.

Problems will no doubt arise, including legal obstacles such as possible Federal preemption or litigation associated with the so ‑ called Dormant Commerce Clause.

The defendants (ARB) moved to seek summary judgment that the LCFS is an authorized control of a motor vehicle fuel that is insulated from preemption and Commerce Clause challenges.

The Litigation Center also regularly participates in cases that present important constitutional questions regarding the separation of powers, due process rights, unreasonable searches and seizures, property rights, federal preemption under the Supremacy Clause, free speech, and many other issues.

Representation of a trade association in a successful preemption and Commerce Clause challenge to District of Columbia legislation imposing price controls on patented prescription drugs

Any problems raised by excessive discrimination can be addressed through conflict preemption or other constitutional provisions, such as the Privileges and Immunities Clause.

Coventry Health Care v. Nevils (Does the Federal Employee Health Benefits Act's express - preemption provision preempt state laws that prevent carriers from seeking subrogation or reimbursement and, if so, is preemption by contract consistent with the Supremacy Clause)(co-counsel on the merits)