DO ensure your pre-emption
rights and shareholder controls are properly protected
The idea and practice of pre-emption
have become a social disease, including pre-emptive defence, pre-emptive assassinations, pre-emptive security, pre-emptive judgements, pre-emptive laws and pre-emptive wars.
action through complete pre-emption
, the state claim can be
Unless Congress repeals the ERISA pre-emption
, whatever version of "health care reform" is enacted will, for many, prove illusory.
At its core, Wyeth is about little more than the simple federal pre-emption
of state tort laws.
However, HSBC said the removal of the pre-emption
rights was only designed to ensure a smooth path for the fundraising and would last no longer than the end of the rights issue.
In January 2008, in an 8-1 decision, the Supreme Court held that federal pre-emption
bars state law claims that challenge the safety or effectiveness of medical devices receiving FDA premarket approval.
Central to the doctrine of pre-emption
is the belief that threats must be defeated before they are actualized.
The study was conducted by Paul Mynersm chairman of retailer Marks & Spencer, who proposes relaxing rules on pre-emption
rights, which give existing shareholders first refusal when a company issues new shares.
AA RIGHT of pre-emption
gives a named third party (in this particular example, it may be the farmer who originally owned the cottage) first refusal of the property.
A case in point is a new California rule that ignores the FCRA pre-emption
Another federal agency with a somewhat lower profile, the Office of Thrift Supervision (OTS), claims the same pre-emption
authority over 928 federally chartered thrifts--so they wouldn't have to comply either with the rash of local laws.