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Preemption

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The Federal Aviation Administration Authorization Act does not preempt California's ABC test for distinguishing between independent contractors and employees, and so that test as adopted in Dynamex Operations West, Inc. v. Superior Court (2018) 4 Cal.5th 903 and codified in Lab. Code 2775 and 2776 governs in determining whether a federally licensed interstate motor carrier has correctly classified its truck… Read More

The Federal Aviation Administration Authorization Act of 1994 preempts state laws "related to a price, route, or service of any motor carrier . . . , broker, or freight forwarder with respect to the transportation of property."  (49 U.S.C. § 14501(c).)  In this case, an injured motorist brought a common law negligence action against a transportation broker for negligently selecting… Read More

This decision holds that a bank or other non-savings and loan that acquired a loan originated by a savings and loan before the Dodd-Frank Act, is entitled to assert the same Home Owners Loan Act field preemption of state law as the originating savings institution could have.  To hold otherwise would impair an essential feature of how savings institutions worked… Read More

The federal Food, Drug, and Cosmetic Act preempted the plaintiff’s state law claim that defendant falsely advertised its Vitamin E supplement as promoting cardiovascular health. Read More

Though the federal Copyright Act preempted the California Resale Royalty Act insofar as it granted artists a right to royalties on the resale of their work, it did not preempt the CRRA's attorney fee provision, which was not inconsistent with the Copyright Act.  Read More

Plaintiff’s unfair competition claim was pre-empted by FDA regulations governing how the defendant should calculate the protein content of its product, but plaintiff’s similar false advertising claim was not preempted because it accused the defendant of misrepresenting the source of the protein in the product. Read More

While FDA regulations governing nutrition facts panels preempt state law as to facts stated within the panel, the regulations do not govern or preempt state law as to the rest of the product label; so a state may require that packaging on the remainder of the product meet stricter standards than is required for the facts listed in the nutrition… Read More

While FDA regulations governing nutrition facts panels preempt state law as to facts stated within the panel, the regulations do not govern or preempt state law as to the rest of the product label; so a state may require that packaging on the remainder of the product meet stricter standards than is required for the facts listed in the nutrition… Read More

California statute extending state wage laws governing public works to cover delivery drivers of ready-mix concrete is not preempted by the Federal Aviation Administration Authorization Act and does not violate concrete companies’ equal protection rights. Read More

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