pre-emption clause

The most troublesome provision of the Dunne and Young legislation is section 1399-y, a pre-emption clause.

"The FMIA's pre-emption clause sweeps widely, and so blocks the applications of [state law] challenged here.

When the text of an express pre-emption clause is susceptible of more than one plausible reading, courts ordinarily "accept the reading that disfavors pre-emption."

Justice Ruth Bader Ginsburg, the solitary dissenter, said the court had misconstrued Congress’s intent in adding the pre-emption clause to the 1976 law.

The Food, Drug and Cosmetic Act of 1938, under which the F.D.A. regulates pharmaceuticals, does not contain a pre-emption clause.

The medical device statute contains a pre-emption clause that bars states from imposing “any requirement” related to a medical device that is “different from, or in addition to” a federal requirement.

Lobbying Mr. Torres on the pre-emption question is preaching to the converted, because the California Democrat introduced the House bill, to which the pre-emption clause was attached later.

To that end, a pre-emption clause in the 1978 law provided that states could not "enact or enforce any law" that had the effect of regulating airline "rates, routes or services."

That case, Cipollone v. Liggett Group Inc., interpreted the pre-emption clause of the cigarette law, which barred states from imposing any additional "requirement or prohibition" on cigarette manufacturers.

If a federal law contains an express pre-emption clause, it does not immediately end the inquiry because the question of the substance and scope of Congress' displacement of state law still remains.

But she said the Federal law's pre-emption clause did not bar an ordinary breach of contract suit that requires the state courts only to interpret an agreement made voluntarily between an airline and its customers.

The pre-emption clause is generally not well translated, and many Māori apparently believed that they were simply giving the British Queen first offer on land, after which they could sell it to anyone.

There was growing concern about the pre-emption clause of the Treaty of Waitangi, (English text), which required that Maori who wished to sell their land, sell only to the Crown.

The treaty transferred sovereignty from the Māori to the British Crown, while under its so-called pre-emption clause, Māori were prohibited from selling land to anyone but the Government and its agents.

When Hammam purchased the club from Noades in 1981, Wimbledon also owned the ground at Plough Lane; a pre-emption clause existed, however, which reserved the site for "sports, leisure or recreational purposes" only.

New chapter in May 2015-this has been updated to reflect changes introduced following the consultation on shared ownership in relation to the operation of the pre-emption clause, the resale of shared ownership properties and other streamlining proposals.