Sentences with phrase «whether preemption»

We considered whether the preemption provision of section 264 (c)(2) of HIPAA would give effect to state laws that would otherwise be preempted by section 514 (a) of ERISA.

The commenter requested clarification as to whether these disclosures are exempt from the accounting requirement or whether preemption would apply.

Not exact matches

However, Danforth fits with the preemption theme, because it addresses a state - federal conflicts question: whether the U.S. Supreme Court or the states have the final word on whether a Supreme Court decision in a criminal matter has retroactive effect.

Three of the decisions involve classic preemption cases, i.e. whether a statute enacted by Congress overrides a conflicting state statute or common law remedy.

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.

In re Green, 369 U. S. 689, held that contempt could not be imposed without a hearing where the state decree bordered the federal domain in labor relations and only a hearing could determine whether there was federal preemption.