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Showing posts with label preemption. Show all posts
Showing posts with label preemption. Show all posts
Monday, September 4, 2023

Federal law shields car dealer in courtesy-car accident

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CC0 by Open Grid Scheduler via Flickr A car dealership could not be held vicariously liable to a pedestrian struck by a courtesy vehicle, t...
Wednesday, July 27, 2022

Publishers crush state effort to ensure that public libraries have reasonable access to e-books

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Cartridge People CC BY 2.0 via Flickr A Maryland law requiring the licensing of electronic books to public libraries on reasonable terms is...
Monday, July 4, 2022

Judge delays decision again on Mass. right to repair, cites need to study SCOTUS climate change ruling

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pix4free Last week, in West Virginia v. Environmental Protection Agency , the U.S. Supreme Court dealt a major blow to federal regulators on...
Thursday, February 4, 2021

FDA reg doesn't preempt state medical device liability, but plaintiff must plead 'plausible' theory, Court says

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PainDoctorUSA CC BY-SA 4.0 Medical-device liability claims in state courts are not preempted by federal law, the Massachusetts Supreme Judi...
Sunday, January 10, 2021

State DA cannot shield FBI records from public disclosure under federal FOIA exemption

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The federal Freedom of Information Act cannot be used to block public access to FBI records in the hands of state law enforcement, the Massa...
Saturday, October 10, 2020

Arkansas defense of healthcare law invites Supreme Court justices to weigh in on federal preemption

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The State of Arkansas defended a state healthcare law in the U.S. Supreme Court Tuesday . The state argued against federal ERISA and Medicar...
Sunday, August 18, 2019

Mass. Superior Court dismisses nuisance claim over airport skydiving concession on Cape Cod

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Chatham Municipal Airport approach ( CC BY 2.0 woodleywonderworks ) The Superior Court in Barnstable, Massachusetts, ruled in favor of ...
Tuesday, June 5, 2018

'FERPA Close-Up: When Video Captures Violence and Injury'

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With Kitty Cone, Esq. , I've published FERPA Close-Up: When Video Captures Violence and Injury , 70:4 Okla. L. Rev. 839 (2018), availabl...
Sunday, March 25, 2018

Mass. high court allows generic-drug consumer to sue Big Pharma for reckless labeling

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Just more than a week ago, the Massachusetts Supreme Judicial Court (SJC) issued an adroit and important decision on drug manufacturer l...
Monday, October 16, 2017

Decedent's reps fight Yahoo! for email access, beat federal preemption argument in state high court

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The Massachusetts Supreme Judicial Court has rendered a thought-provoking judgment about postmortem access to a decedent's Yahoo! e-mail...
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