Spotlight On Recent Preemption Decisions

Law360, New York (July 6, 2011, 3:00 PM EDT) -- The U.S. Supreme Court’s most recent term, which closed on June 27, 2011, included five cases on the issue of preemption. Although the outcomes varied as to whether state law was indeed preempted, one of the emerging themes included the court’s continued deference to federal agencies and focus on the underlying purpose of the federal law in each respective case. Review of all five decisions suggests that the court continues to closely analyze preemption on a textual basis.

The first preemption case of the term was...
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