Sentences with phrase «such preemption»
Agencies should not include statements in regulatory preambles that they intend to preempt State law through regulation, unless such preemption is also included in the codified regulation.
https://www.transportation.gov/ 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.»
Such laws were historically pursued by the tobacco industry, and continue to be today, to impede local tobacco laws.26 This strategy by Big Tobacco was so successful that a range of other big industries began pursuing state preemption laws as well.
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.
Brian also has extensive experience litigating FDA regulatory issues such as drug approvals, the DESI program, and preemption.
Moreover, motions to dismiss are an essential tool for reducing costs and speeding up case resolution in drug and device cases because of unique, dispositive issues such as preemption.
Any problems raised by excessive discrimination can be addressed through conflict preemption or other constitutional provisions, such as the Privileges and Immunities Clause.
That is, the preemption of a given state law for a covered entity, such as a provider, that is covered by the 24 - month compliance date of section 1175 (b)(1)(A) will occur 12 months earlier than the preemption of the same state law for a small health plan that is covered by the 36 - month compliance date of section 1175 (b)(1)(B).
It was also suggested that there be provision for granting extensions of the compliance date, based on some criteria, such as a good faith effort to comply or that the compliance dates be extended to two years following completion of a «state - by - state preemption analysis» by the Department.
If the preemption provisions of this regulation do not apply, the covered entity must comply with the requirements or limitations established by such other law, regulation or judicial precedent.
One commenter suggested that the exception determination process would result in a very costly and laborious and sometimes inconsistent analysis of the occasions in which state law would Start Printed Page 82580survive federal preemption, and thus suggested the final privacy regulations preempt state law with only limited exceptions, such as reporting child abuse.
Even with respect to state laws relating to the privacy of medical information, the statute shields such state laws from preemption by the federal standards only if they are «more» stringent than the related federal standard or implementation specification.
Attorneys for both plaintiffs and defendants will find comprehensive coverage of such matters as: the advantages and disadvantages of suits based on strict liability, negligence and breach of warranty; the use of state consumer protection statutes; the duty to warn and its innumerable ramifications; the liability of the manufacturers, retailers and other potential defendants in the distribution chain; successor liability; federal preemption of common law claims; monitoring product safety during design, manufacturing and distribution; causation theories in actions involving multiple manufacturers; product misuse and alteration; the elements of proof needed in an action; recovery for economic loss; punitive damages; and the government contractor defense.