Federal preemption of state law

Article Abstract:

The US Supreme Court in Cipollone v Liggett Group, Inc held that federal law preempts state law in failure to warn claims, but not in claims of breach of express warranty, conspiracy to defraud or fraudulent misrepresentation. This decision is a setback for manufacturers who have relied on preemption as a defense in product liability cases. However, the court interpreted the statutory preemption provision inconsistently, which will make the decision difficult to apply by lower courts. The preemption issue has not been settled and will need further clarification.

Exclusive and concurrent legislative powers, Preemption (Legislative power)

---

Review of administrative action

Article Abstract:

The US Supreme Court in Lechmere, Inc v NLRB overruled the NLRB's balancing test for determining when nonemployee union organizers must be allowed onto the employer's property. The court adhered to its 1956 decision in NLRB v Babcock & Wilcox Co, rather than the more flexible rule adopted by the NLRB. This decision is inconsistent with the court's policy of deference to administrative agency decisions under Chevron USA Inc v Natural Resources Defence Council Inc and will tend to discourage deference in future cases.

Judicial review of administrative acts

---

Similar abstracts:

• Abstracts: Private parties, public functions and the new administrative law. Public purpose and private service: the twentieth century culture of contracting out and the evolving law if diffused sovereignty
• Abstracts: Private parties, public functions and the new administrative law. part 2 Federal Tort Claims Act administrative claims: better than third-party ADR for resolving federal tort claims
• Abstracts: When does private discrimination justify public affirmative action? Two views of the river: a critique of the liberal defense of affirmative action
• Abstracts: Throwing stones at the mudbank: the impact of scholarship on administrative law
• Abstracts: Definition of a Resident Alien - Proposed Legislative Changes. Trends: Switzerland

This website is not affiliated with document authors or copyright owners. This page is provided for informational purposes only. Unintentional errors are possible.