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9 Dec 2015, 6:50 am
[W]hen a party cannot satisfy its state duties without the Federal Government’s special permission and assistance, which is dependent on the exercise of judgment by a federal agency, that party cannot independently satisfy those state duties for pre-emption purposes.Mensing, 131 S. [read post]
5 Jul 2013, 5:00 am by Bexis
Superior Court, 920 P.2d 1347, 1352-53 (Cal. 1996); Washington State Physicians Insurance Exchange & Ass’n v. [read post]
20 Jan 2012, 8:41 am by Bexis
Because it applied implied preemption, the decision in PLIVA, Inc. v. [read post]
3 Jun 2013, 6:00 am by Jon Robinson
  In Ceres Marine Terminals, the Fourth Circuit stated, “[W]hen there is contradictory, equally probative evidence as to whether a disability exits at all, an ALJ cannot average a ‘zero’ result with a higher result to find a disability exists. [read post]
2 Feb 2011, 7:46 am by Big Tent Democrat
Supreme Court offered in a majority opinion just a few months ago in United States v. [read post]