Reports of Cases Argued and Adjudged in the Supreme Court of the United StatesUnited States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner U.S. Government Printing Office, 1989 |
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Strana 72
... pre - empted by federal law . Pp . 78-90 . ( a ) The claim is not barred on a field pre - emption theory . After re- viewing the relevant statutory provisions and legislative history , the Court in Pacific Gas & Electric Co. v . State ...
... pre - empted by federal law . Pp . 78-90 . ( a ) The claim is not barred on a field pre - emption theory . After re- viewing the relevant statutory provisions and legislative history , the Court in Pacific Gas & Electric Co. v . State ...
Strana 73
... pre- empted field as so defined , since the state tort law at issue is not moti- vated by safety concerns , see id ... pre - empt such claims . Pp . 80-86 . ( b ) English's claim does not conflict with particular aspects of § 210 . First ...
... pre- empted field as so defined , since the state tort law at issue is not moti- vated by safety concerns , see id ... pre - empt such claims . Pp . 80-86 . ( b ) English's claim does not conflict with particular aspects of § 210 . First ...
Strana 77
... pre - empted by the Fed- eral Government . The court held , however , that petition- er's claim was pre - empted because it conflicted with three particular aspects of § 210 : ( 1 ) a provision that bars recov- ery under the section to ...
... pre - empted by the Fed- eral Government . The court held , however , that petition- er's claim was pre - empted because it conflicted with three particular aspects of § 210 : ( 1 ) a provision that bars recov- ery under the section to ...
Strana 78
... 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 Su- premacy Clause , U. S. Const . , Art . VI , cl . 2 , in three ...
... 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 Su- premacy Clause , U. S. Const . , Art . VI , cl . 2 , in three ...
Strana 79
... pre - emption where it is sup- ported by the federal statutory and regulatory schemes , it has emphasized : " Where . . . the field which Congress is said to have pre - empted " includes areas that have " been tradition- ally occupied ...
... pre - emption where it is sup- ported by the federal statutory and regulatory schemes , it has emphasized : " Where . . . the field which Congress is said to have pre - empted " includes areas that have " been tradition- ally occupied ...
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