pre-emption
Judge Tosses Challenge to CalSavers Retirement Plan
A federal judge tossed with prejudice an influential anti-tax group’s challenge to California’s state-sponsored retirement plan for private workers.
Read moreDriver’s Licenses
A federal court in Ohio ruled in favor of a class of Sudanese refugees, finding that the state’s policy denying driver’s licenses to individuals who hold a valid refugee admission form that is more than two years old is pre-empted by federal law. The REAL ID Act does not require an I-94 to be issued within the last two years to prove lawful presence in the country.
Read moreLabor Law
A group of California truck drivers may pursue their claims that federal rules on interstate commerce preempt a labor law that makes it more difficult for companies to classify workers as independent contractors, a federal court in the state ruled. However, the driver’s dormant Commerce Clause and Federal Motor Carrier Safety Administration preemption claims were dismissed.
Read moreLabor
The National Labor Relations Board sued Oregon in federal court, claiming its 2010 law against “Discrimination for nonparticipation in employer-sponsored meetings about religious or political matters” is pre-empted by the National Labor Relations Act, which allows for mandatory meetings.
Read moreJudge Extends Block of California Ban on Mandatory Arbitration
A landmark California labor law barring mandatory arbitration agreements remains in doubt as a federal judge on Friday extended a ban of the bill business groups claim would shatter longstanding hiring practices and flood the courts with employment disputes.
Read moreCalifornia Ban on Private Prisons Challenged as Unconstitutional
A new California law banning private prisons in the state interferes with federal supremacy by blocking the U.S. government from detaining undocumented immigrants in privately run facilities within the state’s borders, a private prison firm claims in a lawsuit filed Monday.
Read more
Judge Puts Brakes on California Ban on Mandatory Arbitration
Granting a last-second motion brought by a host of business groups, a federal judge on Monday halted a pro-worker California law set to take effect Wednesday that would bar new mandatory arbitration agreements.
Read moreBusiness v. California
The National Electrical Manufacturers Association sued the California Energy Commission in federal court, claiming its energy conservation standards for five types of light bulbs are pre-empted by federal laws.
Read moreJustices Call for Test Case on VOIP Regulation Void
The Supreme Court declined Monday to hear a case over Voice Over Internet Protocol regulations, but two justices called for another case to test whether states can step in the absence of federal law.
Read moreKansas Defends Identity-Theft Prosecution of Undocumented Aliens
A lawyer for Kansas faced an uphill battle Wednesday in defending identity-theft charges against undocumented workers who use other people’s Social Security numbers to gain employment.
Read moreRailroads
The BNSF Railway sued the cities of Edmond and Davis, Okla., and the Oklahoma Corporation Commission, claiming the state’s “Blocked Crossing Statute,” limiting the time a railroad can block a road crossing, is pre-empted by federal law.
Read moreVirginia Ban on Uranium Mining Gets High Court Backing
Upholding a law that prohibits uranium mining in Virginia, the divided Supreme Court ruled Monday that federal law does not pre-empt the state ban.
Read moreSupremes Nix Juries for Early Stage of Pharma Cases
Juries should not resolve questions about federal pre-emption in drug-labeling litigation, the mostly unanimous Supreme Court ruled Monday, saying such issues must be resolved by judges.
Read moreJustices Weigh State Authority to Ban Uranium Mining
Arguing the measure steps on the federal government’s authority, an attorney for a group of companies that want to mine the largest uranium deposit in the United States urged the Supreme Court on Monday to toss out a Virginia law banning uranium mining.
Read moreAppeals Court Rejects Effort to Drain Yosemite Reservoir
A conservation group can’t force San Francisco and other cities to stop taking water from a glacial reservoir in Yosemite National Park that serves 2.6 million Bay Area residents, a state appeals court ruled Monday.
Read moreHigh Court to Probe Virginia Ban on Uranium Mining
The Supreme Court took up a case Monday where Virginia has barred mining companies from exploiting the country’s largest known uranium deposit.
Read more