Tag Archives: Preempts

FDCA preempts arguments that structure/function claims in fact mislead about disease prevention

Dachauer v. NBTY, Inc., — F.3d —-, 2019 WL 150016, No. 17-16242 (9th Cir. Jan. 10, 2019)Defendants make vitamin E supplements that claim, on their labels, to “support cardiovascular health” and to “promote[ ] immune function,” “immune health,” “heart health,” … Continue reading

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FCRA Completely Preempts Californias CCRAA

Question: Does the federal Fair Credit Reporting Act preempt all actions filed under Californias Consumer Credit Reporting Agency Act? Answer: Yes, according to the First District Court of Appeal, Division One, in Liceaga v. Debt Recovery Solutions, LLC (A120277), decided … Continue reading

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Supreme Court rules federal arbitration law preempts state law

[JURIST] The US Supreme Court [official website; JURIST news archive] on Wednesday ruled [opinion, PDF] 5-4 in AT&T v. Concepcion [Cornell LII backgrounder; JURIST report] that the Federal Arbitration Act (FAA) [text], which provides for judicial facilitation of private dispute … Continue reading

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District Court Opines That ERISA Preempts Maryland Fair Share Health Care Fund Act: Notable Quotes

The Retail Industry Leaders Association won a victory last week when a federal district court ruled that Marylands Fair Share Health Care Fund Act was preempted by ERISA. Access the opinion here: Retail Industry Leaders Association v. James D. Fielder,… … Continue reading

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U.S. District Court Rules That OTS Opinion Letter On Exclusive Agents Preempts State Banking Statute

Question: Does the preemptive authority of a federally chartered thrift extend to its exclusive agents?Answer: Yes, according to the U.S. District Court for the District of Connecticut in State Farm Bank, F.S.B. v. Burke, D. Conn., No. 3:05 cv 808, order filed… … Continue reading

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