United States Reports: Cases Adjudged in the Supreme Court at ... and Rules Announced at ..., Svazek 496United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner Banks & Bros., Law Publishers, 1989 |
Vyhledávání v knize
Strana 72
Held : English's state - law claim for intentional infliction of emotional distress is
not pre - empted by federal law . Pp . 78-90 . ( a ) The claim is not barred on a
field pre - emption theory . After reviewing the relevant statutory provisions and ...
Held : English's state - law claim for intentional infliction of emotional distress is
not pre - empted by federal law . Pp . 78-90 . ( a ) The claim is not barred on a
field pre - emption theory . After reviewing the relevant statutory provisions and ...
Strana 73
English's action , however , does not fall within the boundaries of the preempted
field as so defined , since the state tort ... It is thus not surprising that there is no
evidence of the necessary “ clear and manifest ” intent by Congress to pre - empt
...
English's action , however , does not fall within the boundaries of the preempted
field as so defined , since the state tort ... It is thus not surprising that there is no
evidence of the necessary “ clear and manifest ” intent by Congress to pre - empt
...
Strana 77
The court held , however , that petitioner's claim was pre - empted because it
conflicted with three particular aspects of $ 210 : ( 1 ) a provision that bars ... The
ALJ's recommended decision on this issue is still pending before the Secretary .
The court held , however , that petitioner's claim was pre - empted because it
conflicted with three particular aspects of $ 210 : ( 1 ) a provision that bars ... The
ALJ's recommended decision on this issue is still pending before the Secretary .
Strana 78
II A The sole question for our resolution is whether the Federal Government has
pre - empted petitioner's state - law tort claim for intentional infliction of emotional
distress . Our cases have established that state law is pre - empted under the ...
II A The sole question for our resolution is whether the Federal Government has
pre - empted petitioner's state - law tort claim for intentional infliction of emotional
distress . Our cases have established that state law is pre - empted under the ...
Strana 79
72 Opinion of the Court emption fundamentally is a question of congressional
intent , see Schneidewind v . ... Second , in the absence of explicit statutory
language , state law is pre - empted where it regulates conduct in a field that
Congress ...
72 Opinion of the Court emption fundamentally is a question of congressional
intent , see Schneidewind v . ... Second , in the absence of explicit statutory
language , state law is pre - empted where it regulates conduct in a field that
Congress ...
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