implied preemption analysis (Pennsylvania) · Go Syfert
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implied preemption analysis in Pennsylvania

6 Pennsylvania opinions name it 2 courts 1980–2011 0 in the last five years

The cases below were cited by Pennsylvania 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 (1)

CaseFollowedCited
Broyde v. Gotham Tower, Inc.green
ca6 · 1994 · cited in 1 Pennsylvania opinions naming this issue, 1997–1997
2 sentences

1997Id.

1997See, e.g., Broyde v. Gotham Tower, Inc., 13 F.3d 994 (6th Cir.1994). *645 It is this implied preemption analysis that we must currently apply, for, when enacting the FCA, Congress made no explicit preemption provisions.

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (6)

CaseCitedYears
Freightliner Corp. v. Myrick green
scotus · 1995
2 sentences

2011We then considered whether Congress implicitly intended to preempt such causes of action, citing Freightliner Corp. v. Myrick, 514 U.S. 280, 288 , 115 S.Ct. 1483 , 131 L.Ed.2d 385 (1995), for the following proposition: “the existence of an express preemption clause does not preclude an implied preemption analysis, even though it may support the inference that no implied preemption exists.” Id.

2011We then considered whether Congress implicitly intended to preempt such causes of action, citing Freightliner Corp. v. Myrick, 514 U.S. 280, 288 , 115 S.Ct. 1483 , 131 L.Ed.2d 385 (1995), for the following proposition: “the existence of an express preemption clause does not preclude an implied preemption analysis, even though it may support the inference that no implied preemption exists.” Id.

21998–2011
Cipollone v. Liggett Group, Inc. green
scotus · 1992
2 sentences

1996Speaking generally on the subject of preemption, the United States Supreme Court stated in Cipollone v. Liggett Group, Inc., 505 U.S. 504 , 112 S.Ct. 2608 , 120 L.Ed.2d 407 (1992): Article VI of the Constitution provides that the laws of the United States “shall be the supreme Law of the Land; ... any Thing in the Constitution or Laws of any state to the Contrary notwithstanding.” Art VI, cl. 2.

1996Speaking generally on the subject of preemption, the United States Supreme Court stated in Cipollone v. Liggett Group, Inc., 505 U.S. 504 , 112 S.Ct. 2608 , 120 L.Ed.2d 407 (1992): Article VI of the Constitution provides that the laws of the United States “shall be the supreme Law of the Land; ... any Thing in the Constitution or Laws of any state to the Contrary notwithstanding.” Art VI, cl. 2.

11996–1996
Volkswagen of America, Inc. v. Hernandez-Gomez green
scotus · 1995
1 sentence

1996The United States Supreme Court granted certiorari, vacated the decision, and remanded the case “for further consideration in light of” Myrick, supra. Volkswagen of America, Inc. v. Hemandez-Gomez, — U.S. —, 115 S.Ct. 1819 , 131 L.Ed.2d 742 (1995).

11996–1996
Gingold v. Audi-Nsu-Auto Union, A.G. green
pa · 1989
2 sentences

1995Applying this standard to the issue before us, we held that appellant’s common law claims were expressly not preempted. 4 Then, in language presaging Cipollone, 5 we held that “an implied preemption analysis should not be entertained in the face of Congress’s express pronouncement of its intent regarding preemption.” Id. at 356 , 567 A.2d at 327 .

1995Applying this standard to the issue before us, we held that appellant’s common law claims were expressly not preempted. 4 Then, in language presaging Cipollone, 5 we held that “an implied preemption analysis should not be entertained in the face of Congress’s express pronouncement of its intent regarding preemption.” Id. at 356 , 567 A.2d at 327 .

11995–1995
Parker v. City of Silverton neutral
or · 1923
2 sentences

1980Again, Parker v. Silverton, 109 Or. 298 , 220 P. 139 , has nothing to do with this case since it involved an attempt by a locality with statutory authority to impose a tax which it did not have authority to levy in the guise of a regulatory license fee.

1980Again, Parker v. Silverton, 109 Or. 298 , 220 P. 139 , has nothing to do with this case since it involved an attempt by a locality with statutory authority to impose a tax which it did not have authority to levy in the guise of a regulatory license fee.

11980–1980
East Ohio Gas Co. v. City of Akron green
ohio · 1966
2 sentences

1980Even so, the *559 Court questioned its own "obscure, ambiguous, inconsistent and on occasion almost contradictory" application of the implied preemption doctrine in the state and local tax area and stated that the doctrine's continued vitality in Ohio was based on "the Court's antipathy to `double taxation'" — a policy consideration wholly irrelevant to the instant case. 218 N.E.2d at 610 .

1980Even so, the Court questioned its own “obscure, ambiguous, inconsistent and on occasion almost contradictory” application of the implied preemption doctrine in the state and local tax area and stated that the doctrine’s continued vitality in Ohio was based on “the Court’s antipathy to ‘double taxation’ ” — a policy consideration wholly irrelevant to the instant case. 218 N.E.2d at 610 .

11980–1980

Statutes the citing opinions construe

CFR § 49c.f.r.571.208 (3) USC § 15u.s.c.1381 (3) USC § 15u.s.c.1392 (3) USC § 49u.s.c.30103 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

CA 17 (1989–2022) MD 7 (1996–2025) PA 6 (1980–2011) ID 5 (1987–2010) WA 5 (1995–2024) OH 5 (1997–2020) TX 4 (1994–2024) NY 4 (1995–2006) AZ 3 (1994–1997) KS 3 (1994–1996) MT 3 (2009–2014) IN 3 (1994–1996) NJ 2 (1994–2000) CO 2 (2006–2009) OR 2 (2010–2010) FL 2 (2016–2020) IL 2 (2011–2018) MS 2 (2000–2004)

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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