action through complete pre-emption
, the state claim can be
The repeal of the ERISA pre-emption
would be a strong step in that direction.
Supreme Court's March 4 decision upholding a verdict from the Vermont Supreme Court, there were signs that the highest judges in the land might favor state laws and bid good-bye to federal pre-emption
Can those lawyers now represent manufacturers in cases where pre-emption
is at issue?
rights have become a hot topic after Barclays controversially raised cash from Middle Eastern investors without first offering shares to existing investors.
In mid-2007, the Supreme Court agreed to consider federal pre-emption
in the case of Riegel v.
Given that many plaintiffs frame their allegations precisely this way--as mirroring rather than supplementing federal requirements--further litigation over the scope of this theoretical pre-emption
'exception' is likely.
We believe pre-emption
is appropriate in the context of this bill, but we also believe the pre-emption
language must be carefully crafted in order to avoid consequences that neither the industry nor Congress intend," said Stephen Rahn, vice president and associate general counsel for the Lincoln Financial Group, who testified on behalf of the American Council of Life Insurers.
The Supreme Court accepted the plaintiffs' request for a final ruling after a federal appeals court decided in favor of Medtronic on the grounds of federal pre-emption
The suit was aimed at protecting children's educational programming from pre-emption
for sports broadcasts.
More specifically, I will reflect on the US doctrine of pre-emption
--which I believe is fundamental to an understanding not only of the war on terror but also of Guantanamo Bay--and argue that what is at stake in pre-emption
is a particular form of law-founding violence that aims to monopolize the use of violence in the future.
This ERISA pre-emption
is available for larger, self-insured corporate plans and Taft-Hartley union plans.