pre-emption doctrine (Alabama) · Go Syfert
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pre-emption doctrine in Alabama

5 Alabama opinions name it 1 courts 1983–2023 1 in the last five years

The cases below were cited by Alabama 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 (3)

CaseFollowedCited
New York State Conference of Blue Cross & Blue Shield Plans v. Travelers Insurancegreen
scotus · 1995 · cited in 1 Alabama opinions naming this issue, 2023–2023
1 sentence

2023Co., 514 U.S. 645, 654-57 (1995) (citations omitted).

11
Linn v. United Plant Guard Workers of America, Local 114green
scotus · 1966 · cited in 1 Alabama opinions naming this issue, 1983–1983
2 sentences

1983See, e.g., Linn v. Plant Guard Workers , 383 U.S. 53 , 86 S.Ct. 657 , 15 L.Ed.2d 582 (1966) (malicious libel); Automobile Workers v. Russell , 356 U.S. 634 , 78 S.Ct. 932 , 2 L.Ed.2d 1030 (1958) (mass picketing and threats of violence); Machinists v. Gonzales , 356 U.S. 617 , 78 S.Ct. 923 , 2 L.Ed.2d 1018 (1958) (wrongful expulsion from union membership).

1983We have refused to apply the pre-emption doctrine to activity that otherwise would fall within the scope of Garmon if that activity "was a merely peripheral concern of the Labor Management Relations Act . . . [or] touched interests so deeply rooted in local feeling and responsibility that, in the absence of compelling congressional direction, we could not infer that Congress had deprived the States of the power to act." Id. [359 U.S.], at 243-244, 79 S.Ct. at 779 .

11
Vaca v. Sipesgreen
scotus · 1967 · cited in 1 Alabama opinions naming this issue, 1983–1983
2 sentences

1983See Vaca v. Sipes , [ 386 U.S. 171 , 87 S.Ct. 903 , 17 L.Ed.2d 842 ] supra (duty of fair representation cases).

1983See Vaca v. Sipes , [ 386 U.S. 171 , 87 S.Ct. 903 , 17 L.Ed.2d 842 ] supra (duty of fair representation cases).

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (7)

CaseCitedYears
Pilot Life Insurance v. Dedeaux green
scotus · 1987
2 sentences

1999Under ERISA, the Court wrote, "If a state law `relate[s] to ... employee benefit plan[s],' it is pre-empted. [However, a] savings clause [in ERISA] excepts from the pre-emption clause laws that `regulat[e] insurance.'" 481 U.S. at 45 , 107 S.Ct. 1549 .

1999Under ERISA, the Court wrote, "If a state law `relate[s] to . . . employee benefit plan[s],' it is pre- empted. [However, a] savings clause [in ERISA] excepts from the pre-emption clause laws that `regulat[e] insurance.'" 481 U.S. at 45 .

11999–1999
Shaw v. Delta Air Lines, Inc. green
scotus · 1983
2 sentences

1991The key to § 514(a) is found in the words 'relate to.' Congress used those words in their broad sense, rejecting more limited pre-emption language that would have made the clause 'applicable only to state laws relating to the specific subjects covered by ERISA.' Shaw, supra , 463 U.S., at 98 , 103 S.Ct., at 2900 -01 .

1991The key to § 514(a) is found in the words 'relate to.' Congress used those words in their broad sense, rejecting more limited pre-emption language that would have made the clause 'applicable only to state laws relating to the specific subjects covered by ERISA.' Shaw, supra , 463 U.S., at 98 , 103 S.Ct., at 2900 -01 .

11991–1991
Fidelity Federal Savings & Loan Ass'n v. De La Cuesta green
scotus · 1982
2 sentences

1988The general principles of the doctrine of preemption of state law by federal law have been stated by the United States Supreme Court in Fidelity Federal Savings Loan Ass'n v. De La Cuesta , 458 U.S. 141 , 102 S.Ct. 3014 , 73 L.Ed.2d 664 (1982), as follows: "The pre-emption doctrine, which has its roots in the Supremacy Clause, U.S. Const., Art.

1988The general principles of the doctrine of preemption of state law by federal law have been stated by the United States Supreme Court in Fidelity Federal Savings Loan Ass'n v. De La Cuesta , 458 U.S. 141 , 102 S.Ct. 3014 , 73 L.Ed.2d 664 (1982), as follows: "The pre-emption doctrine, which has its roots in the Supremacy Clause, U.S. Const., Art.

11988–1988
International Ass'n of MacHinists v. Gonzales green
scotus · 1958
2 sentences

1983See, e.g., Linn v. Plant Guard Workers , 383 U.S. 53 , 86 S.Ct. 657 , 15 L.Ed.2d 582 (1966) (malicious libel); Automobile Workers v. Russell , 356 U.S. 634 , 78 S.Ct. 932 , 2 L.Ed.2d 1030 (1958) (mass picketing and threats of violence); Machinists v. Gonzales , 356 U.S. 617 , 78 S.Ct. 923 , 2 L.Ed.2d 1018 (1958) (wrongful expulsion from union membership).

1983See, e.g., Linn v. Plant Guard Workers , 383 U.S. 53 , 86 S.Ct. 657 , 15 L.Ed.2d 582 (1966) (malicious libel); Automobile Workers v. Russell , 356 U.S. 634 , 78 S.Ct. 932 , 2 L.Ed.2d 1030 (1958) (mass picketing and threats of violence); Machinists v. Gonzales , 356 U.S. 617 , 78 S.Ct. 923 , 2 L.Ed.2d 1018 (1958) (wrongful expulsion from union membership).

11983–1983
International Union, United Automobile, Aircraft & Agricultural Implement Workers v. Russell green
scotus · 1958
2 sentences

1983See, e.g., Linn v. Plant Guard Workers , 383 U.S. 53 , 86 S.Ct. 657 , 15 L.Ed.2d 582 (1966) (malicious libel); Automobile Workers v. Russell , 356 U.S. 634 , 78 S.Ct. 932 , 2 L.Ed.2d 1030 (1958) (mass picketing and threats of violence); Machinists v. Gonzales , 356 U.S. 617 , 78 S.Ct. 923 , 2 L.Ed.2d 1018 (1958) (wrongful expulsion from union membership).

1983See, e.g., Linn v. Plant Guard Workers , 383 U.S. 53 , 86 S.Ct. 657 , 15 L.Ed.2d 582 (1966) (malicious libel); Automobile Workers v. Russell , 356 U.S. 634 , 78 S.Ct. 932 , 2 L.Ed.2d 1030 (1958) (mass picketing and threats of violence); Machinists v. Gonzales , 356 U.S. 617 , 78 S.Ct. 923 , 2 L.Ed.2d 1018 (1958) (wrongful expulsion from union membership).

11983–1983
San Diego Building Trades Council v. Garmon green
scotus · 1959
1 sentence

1983We have refused to apply the pre-emption doctrine to activity that otherwise would fall within the scope of Garmon if that activity "was a merely peripheral concern of the Labor Management Relations Act . . . [or] touched interests so deeply rooted in local feeling and responsibility that, in the absence of compelling congressional direction, we could not infer that Congress had deprived the States of the power to act." Id. [359 U.S.], at 243-244, 79 S.Ct. at 779 .

11983–1983
Amalgamated Ass'n of Street, Electric Railway & Motor Coach Employees of America v. Lockridge green
scotus · 1971
2 sentences

1983We also have refused to apply the pre-emption doctrine "where the particular rule of law sought to be invoked before another tribunal is so structured and administered that, in virtually all instances, it is safe to presume that judicial supervision will not disserve the interests promoted by the federal labor statutes." Motor Coach Employees v. Lockridge, supra [ 403 U.S. 274 ], at 297-298, 91 S.Ct. [1909], at 1923 [ 29 L.Ed.2d 473 ].

1983We also have refused to apply the pre-emption doctrine "where the particular rule of law sought to be invoked before another tribunal is so structured and administered that, in virtually all instances, it is safe to presume that judicial supervision will not disserve the interests promoted by the federal labor statutes." Motor Coach Employees v. Lockridge, supra [ 403 U.S. 274 ], at 297-298, 91 S.Ct. [1909], at 1923 [ 29 L.Ed.2d 473 ].

11983–1983

Where else courts name it

CA 23 (1884–2018) TX 21 (1866–2024) NY 20 (1958–2015) PA 14 (1975–2013) NJ 12 (1961–2011) LA 11 (1858–2007) WI 10 (1983–2018) MI 10 (1963–2004) OH 9 (1959–2004) WA 7 (1986–2011) AZ 6 (1978–2015) AL 5 (1983–2023) IN 5 (1959–2019) DC 4 (2000–2021) FL 4 (1962–2009) NV 4 (1872–1998) MO 4 (1991–1998) OK 4 (1991–2018) HI 3 (1996–2015) CT 3 (1996–2015) MT 3 (1892–1986) IL 3 (1958–1993) TN 3 (1993–2011) WY 2 (1983–2007) AK 2 (1998–1999) IA 2 (1978–1994) WV 2 (1992–1997) OR 2 (1899–1966) NM 2 (1993–2005)

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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