express preemption clause (New Jersey) · Go Syfert
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express preemption clause in New Jersey

6 New Jersey opinions name it 2 courts 1994–2026 1 in the last five years

The cases below were cited by New Jersey courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (2)

CaseFollowedCited
Altria Group, Inc. v. Goodgreen
scotus · 2008 · cited in 1 New Jersey opinions naming this issue, 2026–2026
2 sentences

2026An express preemption clause “does not immediately end the inquiry,” however, “because the question of the substance and scope of Congress’ displacement of state law still remains.” Altria Grp., Inc. v. Good, 555 U.S. 70, 76 (2008).

2026An express preemption clause “does not immediately end the inquiry,” however, “because the question of the substance and scope of Congress’ displacement of state law still remains.” Altria Grp., Inc. v. Good, 555 U.S. 70, 76 (2008).

11
Medtronic, Inc. v. Lohrgreen
scotus · 1996 · cited in 1 New Jersey opinions naming this issue, 2020–2020
1 sentence

2020However, states are not precluded "from providing a damages remedy for claims premised on a violation of FDA regulations," if "the state duties in such a case 'parallel,' rather than add to, federal requirements." Riegel, 552 U.S. at 330 (citing Medtronic, Inc. v. Lohr, 518 U.S. 470, 495 (1996)).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in New Jersey. Read the followed side critically anyway.

Also cited on this issue (6)

CaseCitedYears
Cipollone v. Liggett Group, Inc. green
scotus · 1992
2 sentences

1995Rather, the clause must itself be construed to determine just what it does preempt, and matters beyond the preemptive reach are then presumed not to be preempted, provided, of course, that the field is not occupied and that there is no direct conflict with federal law. 505 U.S. at 517-519 , 112 S.Ct. at 2618 , 120 L.Ed. 2d at 423 .

1995Rather, the clause must itself be construed to determine just what it does preempt, and matters beyond the preemptive reach are then presumed not to be preempted, provided, of course, that the field is not occupied and that there is no direct conflict with federal law. 505 U.S. at 517-519 , 112 S.Ct. at 2618 , 120 L.Ed. 2d at 423 .

21995–1995
Riegel v. Medtronic, Inc. green
scotus · 2008
1 sentence

2020However, states are not precluded "from providing a damages remedy for claims premised on a violation of FDA regulations," if "the state duties in such a case 'parallel,' rather than add to, federal requirements." Riegel, 552 U.S. at 330 (citing Medtronic, Inc. v. Lohr, 518 U.S. 470, 495 (1996)).

12020–2020
Fidelity Federal Savings & Loan Ass'n v. De La Cuesta green
scotus · 1982
2 sentences

1998In connection with a loan on a home (as defined in § 541.14 of this chapter) occupied or to be occupied by the borrower, a savings association or subsidiary thereof may require such borrower to reimburse it for legal services rendered by its attorney, or to directly pay such attorney for such services, only if: (1) Such attorney’s fee is limited to legal services attributable to processing and closing such loan (and not unrelated services performed for the savings association or subsidiary by the attorney); Although Collective recognizes that 12 C.F.R. § 563.35 (d) (“§ 563.35(d)”) did not cont

1998In connection with a loan on a home (as defined in § 541.14 of this chapter) occupied or to be occupied by the borrower, a savings association or subsidiary thereof may require such borrower to reimburse it for legal services rendered by its attorney, or to directly pay such attorney for such services, only if: (1) Such attorney’s fee is limited to legal services attributable to processing and closing such loan (and not unrelated services performed for the savings association or subsidiary by the attorney); Although Collective recognizes that 12 C.F.R. § 563.35 (d) (“§ 563.35(d)”) did not cont

11998–1998
Sherman v. Citibank (South Dakota), N.A. green
nj · 1995
2 sentences

1995In Sherman, supra, 143 N.J. at 90 , 668 A.2d 1036 , I concluded that section 85 conflicts with state laws, such as RISA, that prohibit late fees.

1995In Sherman, supra, 143 N.J. at 90 , 668 A.2d 1036 , I concluded that section 85 conflicts with state laws, such as RISA, that prohibit late fees.

11995–1995
Freightliner Corp. v. Myrick green
scotus · 1995
2 sentences

1995In Freightliner, the Court clarified that Cipollone does not preclude implied preemption whenever Congress includes an express preemption clause in a federal statute. 514 U.S. at-, 115 S.Ct. at 1487-88, 131 L.Ed.2d at 393 .

1995In Freightliner, the Court clarified that Cipollone does not preclude implied preemption whenever Congress includes an express preemption clause in a federal statute. 514 U.S. at ___ , 115 S.Ct. at 1487-88, 131 L.Ed. 2d at 393 .

11995–1995
cluster 660303 green
ca11 · 1994
1 sentence

1994Myrick v. Freuhauf Corp., 13 F. 3d 1516 (11th Cir.1994).

11994–1994

Where else courts name it

CA 45 (1987–2025) PA 23 (1998–2025) TX 21 (1994–2025) OH 12 (1994–2023) IN 11 (1994–2020) NY 10 (1997–2026) WA 9 (1995–2019) IL 9 (2001–2025) AZ 8 (1996–2019) NJ 6 (1994–2026) MN 6 (1986–2019) HI 5 (1997–2023) WI 5 (1996–2020) MO 5 (1999–2017) FL 5 (2004–2025) TN 4 (1997–2013) VT 4 (2006–2016) MI 4 (1996–2017) MD 4 (1987–2019) KS 3 (2007–2018) LA 3 (1996–2012) IA 3 (1998–2025) MS 2 (1997–2002) MA 2 (1995–2023) AL 2 (2015–2016) AK 2 (1995–1997) SC 2 (2009–2012) GA 2 (2007–2022) AR 2 (2009–2025)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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