Preemption, administration
State law claims not expressly preempted by Federal airline deregulation act, as the information kiosk at issue is an amenity peripheral to the business of transportation.
State law claims preempted by an implied field preemption manifested by a Federal regulation promulgated during the pendency of the suit.
Concurrence: no need to reach the first part of the holding.
https://d3bsvxk93brmko.cloudfront.net/datastore/opinions/2016/01/19/11-16240.pdf
Showing posts with label Preemption. Show all posts
Showing posts with label Preemption. Show all posts
Seventh Circuit: Thomas Costello v. BeavEx, Incorporated
Preemption, Class Actions
Federal motor carrier act does not expressly preempt state wage law, as the purposes of the state law aren't relevant to the purposes of the Federal act.
State statute seeming to require individual assessment of plantiff's future employment doesn't categorically bar a finding of predominance for class certification.
http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2016/D01-19/C:15-1110:J:Kanne:aut:T:fnOp:N:1689158:S:0
Federal motor carrier act does not expressly preempt state wage law, as the purposes of the state law aren't relevant to the purposes of the Federal act.
State statute seeming to require individual assessment of plantiff's future employment doesn't categorically bar a finding of predominance for class certification.
http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2016/D01-19/C:15-1110:J:Kanne:aut:T:fnOp:N:1689158:S:0
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