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Preemption

The following summaries are of recent published decisions of the California appellate courts, the Ninth Circuit, and the United States Supreme Court. The summaries are presented without regard to whether Severson & Werson represented a party in the case.

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Solus Industrial Innovations, LLC v. Superior Court

by Jan T. Chilton |

The federal Occupational Safety and Health Act (“OSH Act”) does not preempt California law to the extent it allows a district attorney to bring an Unfair Competition Law (“UCL”) action based on the defendant's unlawful practice of failing to meet CalOSHA workplace safety standards even though the state plan did not provide for enforcement by that means. Read More

Association des Eleveurs de Canards et d'Oies du Quebec v. Becerra

California’s law banning foie gras and other products made from force-fed birds is not preempted by the federal Poultry Products Inspection Act, since that act only prohibits states from imposing ingredient requirements, as opposed to restrictions on animal husbandry practices.    Read More

Campidoglio v. Wells Fargo Bank, N.A.

The Home Owners Loan Act does not preempt a state law breach of contract claim that the bank miscalculated adjusted interest rates on loans, since common law breach of contract claims impose no requirements other than those the bank voluntarily assumed in its own agreements.   Read More

Branch Banking & Trust Co. v. D.M.S.I., L.L.C.

The Financial Institutions Reform, Recovery, and Enforcement Act (“FIRREA”) preempts a Nevada law that limited deficiency judgments on foreclosure to the amount by which the price the owner paid to acquire the loan exceeded the foreclosure sale price.   Read More

Glennen v. Allergan, Inc.

State law claims based on manufacturer’s failure to adequately train physicians on installation of its lap-band implant is preempted by the federal Food, Drug, and Cosmetic Act since, apart from the FDCA, state law imposed no duty on a manufacturer to train physicians Read More

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