preemption doctrine in Pennsylvania

1996Because we are not bound by decisions of the Third Circuit Court of Appeals and because the preemption analysis of our superior court in Gingold is consistent with the U.S. Su preme Court decision in Cipollone v. Liggett Group, Inc., 505 U.S. 504 , 112 S.Ct. 2608 , 120 L.Ed.2d 407 (1992), we adopt our superior court’s analysis in Gingold. 6 Article VI of the United States Constitution provides that the laws of the United States shall be the supreme law of the land, anything in the constitution or laws of any state to the contrary notwithstanding.

1996Because we are not bound by decisions of the Third Circuit Court of Appeals and because the preemption analysis of our superior court in Gingold is consistent with the U.S. Su preme Court decision in Cipollone v. Liggett Group, Inc., 505 U.S. 504 , 112 S.Ct. 2608 , 120 L.Ed.2d 407 (1992), we adopt our superior court’s analysis in Gingold. 6 Article VI of the United States Constitution provides that the laws of the United States shall be the supreme law of the land, anything in the constitution or laws of any state to the contrary notwithstanding.

1995For instance, in Rieders v. Williamsport, 134 Pa. Commonwealth Ct. 298 , 578 A.2d 618 (1990), we determined that local taxation of lawyers is not preempted by state regulation of that profession.

1995For instance, in Rieders v. Williamsport, 134 Pa. Commonwealth Ct. 298 , 578 A.2d 618 (1990), we determined that local taxation of lawyers is not preempted by state regulation of that profession.

2024Nevertheless, the state court must bear in mind that the initial screening of a preemption claim “requires more than ‘a conclusory assertion’ that the NLRA arguably protects or prohibits conduct.” Id. at 776 (quoting Int’l Longshoremen’s Ass’n, AFL-CIO v. Davis, 476 U.S. 380, 394 (1986)).

2024Nevertheless, the state court must bear in mind that the initial screening of a preemption claim “requires more than ‘a conclusory assertion’ that the NLRA arguably protects or prohibits conduct.” Id. at 776 (quoting Int’l Longshoremen’s Ass’n, AFL-CIO v. Davis, 476 U.S. 380, 394 (1986)).

2013Id.

2013Express Preemption The “critical question in any preemption analysis is whether Congress intended that the federal enactment supersede state law.” Krentz, 589 Pa. at 596 , 910 A.2d at 82 .

1997We affirm. [4] The preemption analysis by the Commonwealth Court in Middletown Township focused on "whether the legislature intended to deprive the municipality of its statutory power to levy a business privilege tax . . . whether the `general tenor' of the state statute was intended to preempt the field as to local taxation." Middletown Township, 105 Pa. Commw. at 314 , 524 A.2d at 1040 (citing Western Pennsylvania Restaurant Ass'n v. Pittsburgh, 366 Pa. 374 , 77 A.2d 616 (1951)). [5] Pittsburgh v. Allegheny Valley Bank, 488 Pa. 544 , 412 A.2d 1366 (1980) (holding that Banking Code of 1965, A

1997The preemption analysis by the Commonwealth Court in Middletown Township focused on "whether the legislature intended to deprive the municipality of its statutory power to levy a business privilege tax ... whether the ‘general tenor’ of the state statute was intended to preempt the field as to local taxation.” Middletown Township, 105 Pa. Commw. at 314 , 524 A.2d at 1040 (citing Western Pennsylvania Restaurant Ass'n v. Pittsburgh, 366 Pa. 374 , 77 A.2d 616 (1951)). .

2000“The basic thrust of the preemption clause, then, was to avoid a multiplicity of regulation in order to permit the nationally uniform administration of employee benefit plans.” 514 U.S. at 657 . (citations omitted) (emphasis added) The court further noted that “[t]he federal statute does not go about protecting plan participants and their beneficiaries by requiring employers to provide any given set of minimum benefits, but instead controls the administration of benefitplans.” 514 U.S. at 651 .

2000“The basic thrust of the preemption clause, then, was to avoid a multiplicity of regulation in order to permit the nationally uniform administration of employee benefit plans.” 514 U.S. at 657 . (citations omitted) (emphasis added) The court further noted that “[t]he federal statute does not go about protecting plan participants and their beneficiaries by requiring employers to provide any given set of minimum benefits, but instead controls the administration of benefitplans.” 514 U.S. at 651 .

1991Finally, we reject plaintiffs argument that “outrageous” conduct by AMTRAK requires us to recognize an exception to the preemption doctrine as it did in Farmer v. Brotherhood of Carpenters, Local 25, 430 U.S. 290 , 97 S.Ct. 1056 , 51 L.Ed.2d 338 (1977).

1991Finally, we reject plaintiffs argument that “outrageous” conduct by AMTRAK requires us to recognize an exception to the preemption doctrine as it did in Farmer v. Brotherhood of Carpenters, Local 25, 430 U.S. 290 , 97 S.Ct. 1056 , 51 L.Ed.2d 338 (1977).

2025As we reject Plaintiffs’ contention that we must employ a narrow reading to the PLCAA’s preemption clause, our understanding of the scope of that preemption “must rest primarily on a fair understanding of congressional purpose[,]” which is “primarily … discerned from the language of the pre[]emption statute and the statutory framework surrounding it.” Travieso, 526 F.Supp.3d at 541 (quoting Medtronic, 518 U.S. at 485-86 ) (internal citations and quotations omitted and emphasis removed).

2019According to Tax Office, the purpose of the "informational registration" that Monroeville requires all business entities operating within its boundaries to undergo is to obtain the information necessary for it to exercise its taxing power, not to control the operational activities of those businesses. 9 The doctrine of preemption "provides, generally, that when the legislature has preempted a field the state has retained all regulatory and legislative power for itself and therefore prohibits local legislation in that area." Nutter v. Dougherty , 595 Pa. 340 , 938 A.2d 401 , 406 (2007) (interna

2019According to Tax Office, the purpose of the "informational registration" that Monroeville requires all business entities operating within its boundaries to undergo is to obtain the information necessary for it to exercise its taxing power, not to control the operational activities of those businesses. 9 The doctrine of preemption "provides, generally, that when the legislature has preempted a field the state has retained all regulatory and legislative power for itself and therefore prohibits local legislation in that area." Nutter v. Dougherty , 595 Pa. 340 , 938 A.2d 401 , 406 (2007) (interna

2017Hoffman Mining Co. , 32 A.3d at 593-94 ; Holt's Cigar Co. v. City of Philadelphia , 608 Pa. 146 , 10 A.3d 902 , 907 (2011) ; UGI Utilities, Inc. , 125 A.3d at 863-64 ; PPL Electric Utilities Corp. , 125 A.3d at 844 .

2017Hoffman Mining Co. , 32 A.3d at 593-94 ; Holt's Cigar Co. v. City of Philadelphia , 608 Pa. 146 , 10 A.3d 902 , 907 (2011) ; UGI Utilities, Inc. , 125 A.3d at 863-64 ; PPL Electric Utilities Corp. , 125 A.3d at 844 .

2017Hoffman Mining Co. , 32 A.3d at 593-94 ; Holt's Cigar Co. v. City of Philadelphia , 608 Pa. 146 , 10 A.3d 902 , 907 (2011) ; UGI Utilities, Inc. , 125 A.3d at 863-64 ; PPL Electric Utilities Corp. , 125 A.3d at 844 .

2017Hoffman Mining Co. , 32 A.3d at 593-94 ; Holt's Cigar Co. v. City of Philadelphia , 608 Pa. 146 , 10 A.3d 902 , 907 (2011) ; UGI Utilities, Inc. , 125 A.3d at 863-64 ; PPL Electric Utilities Corp. , 125 A.3d at 844 .

2016See Concepcion, 563 U.S. at 344; Doctor’s Assocs., 517 U.S. at 688 ; Perry, 482 U.S. at 491-92 ; and Southland, 465 U.S. at 10 . [J-43-2016] - 30 wrongful death and survival actions in one judicial forum.

2016See Concepcion, 563 U.S. at 344, 131 S.Ct. 1740 ; Doctor's Assocs., 517 U.S. at 688 , 116 S.Ct. 1652 ; Perry, 482 U.S. at 491-92 , 107 S.Ct. 2520 ; and Southland, 465 U.S. at 10 , 104 S.Ct. 852 . .

2016See Concepcion, 563 U.S. at 344; Doctor’s Assocs., 517 U.S. at 688 ; Perry, 482 U.S. at 491-92 ; and Southland, 465 U.S. at 10 . [J-43-2016] - 30 wrongful death and survival actions in one judicial forum.

2016See Concepcion, 563 U.S. at 344, 131 S.Ct. 1740 ; Doctor's Assocs., 517 U.S. at 688 , 116 S.Ct. 1652 ; Perry, 482 U.S. at 491-92 , 107 S.Ct. 2520 ; and Southland, 465 U.S. at 10 , 104 S.Ct. 852 . .

2016See Concepcion, 563 U.S. at 344; Doctor’s Assocs., 517 U.S. at 688 ; Perry, 482 U.S. at 491-92 ; and Southland, 465 U.S. at 10 . [J-43-2016] - 30 wrongful death and survival actions in one judicial forum.

2016See Concepcion, 563 U.S. at 344, 131 S.Ct. 1740 ; Doctor's Assocs., 517 U.S. at 688 , 116 S.Ct. 1652 ; Perry, 482 U.S. at 491-92 , 107 S.Ct. 2520 ; and Southland, 465 U.S. at 10 , 104 S.Ct. 852 . .