Implied Preemption

133 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Sarasota Alliance FOR Fair Elections, Inc. v. Browning
  28 So. 3d 880· Fla.· 2010-02-11 ·cited 46×
  The Florida Supreme Court reviewed whether a Sarasota County charter amendment requiring voter-verified paper ballots, mandatory audits, and specific certification procedures was preempted by the Florida Election Code. The Court held that the Election Code does not impliedly pree
• Palmer v. Liggett Grp., Inc.
  825 F.2d 620· 1st Cir.· 1987-08-25 ·cited 39×
  The Federal Cigarette Labeling and Advertising Act preempts state law claims challenging the adequacy of federal cigarette warnings or the propriety of advertising, as such claims disrupt the balance Congress struck between public health and commerce.
• Cipollone v. Liggett Grp., Inc.
  789 F.2d 181· 3d Cir.· 1986-04-07 ·cited 37×
  The Federal Cigarette Labeling and Advertising Act preempts state law damage claims that challenge the adequacy of federally mandated warnings or the propriety of advertising and promotion, as these claims conflict with the Act's purposes.
• Masone v. City OF Aventura
  147 So. 3d 492· Fla.· 2014-06-12 ·cited 35×
  The Florida Supreme Court held that municipal red light camera ordinances enacted by the cities of Aventura and Orlando prior to July 1, 2010, were invalid because they were expressly preempted by state law. The Court rejected the cities' argument that section 316.008(1)(w) autho
• Phantom OF Brevard, Inc. v. Brevard Cnty.
  3 So. 3d 309· Fla.· 2008-12-23 ·cited 35×
  The Florida Supreme Court resolved a conflict between two district courts regarding whether Brevard County's mandatory liability insurance requirement for fireworks sellers conflicts with the state's fireworks statute (Chapter 791). The Court held that the county's insurance requ
• Hillsborough Cnty. v. Fla. Rest. Ass'n, Inc.
  603 So. 2d 587· Fla. 2d DCA· 1992-07-17 ·cited 32×
  Hillsborough County enacted an ordinance requiring health warning signs in establishments serving alcohol. The trial court invalidated the ordinance as preempted by state law and inconsistent with the Florida Constitution. The appellate court reversed, holding that the ordinance
• Wood v. Gen. Motors Corp.
  865 F.2d 395· 1st Cir.· 1988-12-28 ·cited 31×
  The dissent argues that the National Traffic and Motor Vehicle Safety Act does not preempt common law tort actions for defective design, as Congress did not clearly intend to do so and the savings clause preserves such remedies. The dissent would affirm the lower court's decision
• Santa Rosa Cnty. v. Gulf Power Co.
  635 So. 2d 96· Fla. 1st DCA· 1994-03-30 ·cited 26×
  Santa Rosa County and Escambia County appealed a declaratory judgment that precluded them from imposing franchise fees on electric and telephone utilities for using county rights-of-way. The court affirmed the counties' general home-rule authority to impose franchise fees on elec
• Franchise TAX Bd. OF the State OF Cal. v. Constr. Laborers Vacation Tr. FOR S. Cal.
  679 F.2d 1307· 9th Cir.· 1982-06-22 ·cited 26×
  The court held that the Employee Retirement Income Security Act (ERISA) preempts the State of California's attempt to levy on a vacation trust fund for unpaid personal income taxes.
• Silkwood v. The Kerr-McGEE Corp.
  667 F.2d 908· 10th Cir.· 1981-12-11 ·cited 24×
  The dissent argues that the majority erred in concluding that all plutonium contamination occurred at the plant and in preempting state punitive damages under the Atomic Energy Act.
• Sec. Indus. Ass'n v. Connolly
  883 F.2d 1114· 1st Cir.· 1989-08-31 ·cited 23×
  Massachusetts regulations that specifically target and impose stricter requirements on pre-dispute arbitration agreements are preempted by the Federal Arbitration Act (FAA).
• Hurley v. Lederle Labs. Div. OF Am. Cyanamid Co.
  851 F.2d 1536· 5th Cir.· 1988-08-17 ·cited 23×
  Federal law does not preempt state products liability claims for vaccine injuries, and the learned intermediary doctrine's applicability requires factual determination.
• Env't Encapsulating Corp. v. The City OF NEW York & City of N.Y. Dep't of Env't Prot.
  855 F.2d 48· 2d Cir.· 1988-08-17 ·cited 20×
  The court held that the Occupational Safety and Health Act (OSH Act) and its regulations preempted only those specific provisions of New York City's asbestos handler certification program directly and solely aimed at worker safety, not those with a legitimate public health purpos
• Atkinson v. Gates
  838 F.2d 808· 5th Cir.· 1988-03-04 ·cited 20×
  State law claims for bad faith refusal to pay benefits under the Longshoremen and Harbor Workers' Compensation Act (LHWCA) are preempted by the LHWCA and the Nonappropriated Fund Instrumentalities Act, as these acts provide the exclusive remedy.
• Darling v. Mobil OIL Corp.
  864 F.2d 981· 2d Cir.· 1989-01-04 ·cited 19×
  The court held that the Connecticut Gasoline Dealer's Act provision prohibiting termination for failure to operate 24 hours a day is preempted by the Petroleum Marketing Practices Act because it is not identical to the federal law and frustrates the PMPA's uniformity and flexibil
• Abbot v. Am. Cyanamid Co.
  844 F.2d 1108· 4th Cir.· 1988-04-20 ·cited 19×
  Congress did not intend to completely preempt state tort actions for DTP vaccine-related injuries, leaving otherwise applicable state law largely unaffected.
• Quilici v. Vill. OF Morton Grove
  695 F.2d 261· 7th Cir.· 1982-12-06 ·cited 19×
  The court held that the Village of Morton Grove's ordinance prohibiting the possession of handguns is a constitutional exercise of the village's police power under both the Illinois Constitution and the U.S. Constitution.
• Fla. Sec'y of State Kurt S. Browning v. Sarasota Alliance FOR Fair Elections, Inc.
  968 So. 2d 637· Fla. 2d DCA· 2007-10-31 ·cited 18×
  The Florida Court of Appeal reversed a trial court judgment upholding a Sarasota County charter amendment requiring voter-verified paper ballots and mandatory election audits, holding that Florida's comprehensive Election Code impliedly preempts local election regulation and that
• Minas H. Papas v. The Upjohn Co.
  926 F.2d 1019· 11th Cir.· 1991-02-28 ·cited 18×
  State common law tort claims for inadequate pesticide labeling are impliedly preempted by the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA).
• Norris v. Lumbermen's Mut. Cas. Co.
  881 F.2d 1144· 1st Cir.· 1989-08-03 ·cited 18×
  The court held that federal law, specifically 42 U.S.C. § 5851, does not preempt state law wrongful discharge claims, and that Massachusetts law recognizes such claims for salaried employees.
• NEW Jersey State Chamber OF Commerce v. Hughey
  774 F.2d 587· 3d Cir.· 1985-10-10 ·cited 17×
  The New Jersey Right to Know Act is preempted by the federal OSH Act and Hazard Communication Standard only to the extent it pertains to employee health and safety in the manufacturing sector; other provisions remain valid.
• M & H Profit, Inc. v. City OF Panama City
  28 So. 3d 71· Fla. 1st DCA· 2009-12-14 ·cited 16×
  A Florida appellate court holds that the Bert Harris Act, which protects private property rights from governmental action, applies only to as-applied challenges when a government entity specifically applies an ordinance to a particular property—not to facial challenges based on m
• Greenwood Tr. Co. v. Commonwealth OF Mass.
  971 F.2d 818· 1st Cir.· 1992-08-06 ·cited 16×
  A federally insured bank chartered in Delaware can charge its Massachusetts credit-card customers a late fee on delinquent accounts, notwithstanding a Massachusetts statute prohibiting the practice, because federal law preempts the state statute.
• Talbott v. Am. Isuzu Motors, Inc.
  934 So. 2d 643· Fla. 2d DCA· 2006-08-02 ·cited 15×
  Vicky Talbott appealed a trial court's award of attorney's fees and costs to defendant Isuzu Motors under Florida's offer of judgment statute, arguing that the Magnuson-Moss Warranty Act preempts the state statute. The Florida District Court of Appeal affirmed, holding that no co
• Nat'l Solid Wastes Mgmt. Ass'n v. Killian
  918 F.2d 671· 7th Cir.· 1990-11-14 ·cited 15×
  Illinois's hazardous waste worker licensing laws are preempted by the OSH Act because they directly regulate worker health and safety without an approved state plan, despite asserting a dual purpose of public protection.
• French v. PAN AM Express, Inc.
  869 F.2d 1· 1st Cir.· 1989-02-23 ·cited 15×
  The Federal Aviation Act impliedly preempts state laws regulating airline pilot drug testing, even if the state law is consistent with federal policy, because Congress intended to occupy the field of pilot regulation related to air safety.
• Anne Duffy Pokorny v. Ford Motor Co.
  902 F.2d 1116· 3d Cir.· 1990-04-30 ·cited 14×
  The court held that the National Traffic and Motor Vehicle Safety Act and Federal Motor Vehicle Safety Standard 208 impliedly preempt common law claims for failure to install airbags or automatic seat belts, but not for other passive restraints like window netting.
• Trans World Airlines, Inc. v. Mattox
  897 F.2d 773· 5th Cir.· 1990-04-03 ·cited 14×
  State laws proscribing deceptive advertising are preempted by federal law when applied to the advertising of fares by interstate and international airlines.
• Mich. Consol. GAS Co. v. Panhandle E. Pipe Line Co.
  887 F.2d 1295· 6th Cir.· 1989-10-06 ·cited 14×
  The court held that the bypass of a local distribution company for direct interstate transportation of natural gas is within the exclusive jurisdiction of the FERC and is therefore preempted by federal law, precluding state regulation.
• United States v. The State OF Ohio
  487 F.2d 936· Temp. Emer. Ct. App.· 1973-10-25 ·cited 14×
  The Economic Stabilization Act applies to state and local government employees, and Congress has the constitutional power under the Commerce Clause to regulate their wages and salaries.
• City OF Orlando & Lasercraft, Inc. v. Udowychenko
  98 So. 3d 589· Fla. 5th DCA· 2012-07-06 ·cited 13×
  The City of Orlando's red light camera ordinance was invalidated as preempted by Florida state law. The Fifth District Court of Appeal affirmed the trial court's judgment in favor of Udowychenko, finding that enforcement of traffic signal violations through automated cameras conf
• O'Brien v. Consol. Rail Corp.
  972 F.2d 1· 1st Cir.· 1992-08-05 ·cited 12×
  A state law claim for physical handicap discrimination is preempted by the Railway Labor Act (RLA) if its resolution requires interpretation of a collective bargaining agreement.
• Roysdon v. R.J. Reynolds Tobacco Co.
  849 F.2d 230· 6th Cir.· 1988-06-14 ·cited 12×
  The court held that a state law failure to warn claim regarding cigarettes is preempted by the Federal Cigarette Labeling and Advertising Act, and affirmed the directed verdict on the product liability claim because cigarettes are not unreasonably dangerous given widespread publi
• Ohio Mfrs'. Ass'n v. City OF Akron
  801 F.2d 824· 6th Cir.· 1986-09-17 ·cited 12×
  The court held that the Akron "Right to Know" Ordinance is preempted by the federal Occupational Safety and Health Act (OSH Act) and OSHA's Hazard Communication Standard, reversing the district court's decision.
• Ventura Cnty. v. Gulf OIL Corp.
  601 F.2d 1080· 9th Cir.· 1979-08-03 ·cited 12×
  County ordinances governing oil exploration and extraction on federal land impermissibly conflict with federal law and are preempted by the Supremacy Clause.
• Pa. Med. Soc'y v. Joseph Marconis, M.D.
  942 F.2d 842· 3d Cir.· 1991-08-26 ·cited 11×
  The dissent argues that the majority erred in presuming the validity of the Pennsylvania Health Care Practitioners Medicare Fee Control Act and that the Act is preempted by federal Medicare legislation.
• Stephen v. Am. Brands, Inc.
  825 F.2d 312· 11th Cir.· 1987-08-21 ·cited 11×
  The court held that the district court properly denied the motion to strike the federal preemption defense.
• Mfrs. Ass'n OF Tri-County v. Knepper
  801 F.2d 130· 3d Cir.· 1986-09-12 ·cited 11×
  The court held that the Pennsylvania Worker and Community Right-to-Know Act is preempted by federal law only to the extent it pertains to workplace hazards in the manufacturing sector, but not for environmental hazards or for suppliers. The Act's severability clause allows it to
• Vreeland v. Ferrer
  71 So. 3d 70· Fla.· 2011-07-08 ·cited 10×
  The Florida Supreme Court held that the dangerous instrumentality doctrine applies to aircraft owners under Florida law and that federal law (49 U.S.C. § 44112) does not preempt state vicarious liability claims for injuries to aircraft passengers. The court's narrow interpretatio
• Perry v. Mercedes Benz OF N. Am., Inc.
  957 F.2d 1257· 5th Cir.· 1992-04-10 ·cited 10×
  Federal law does not preempt a state law defective design claim for an air bag system, as the Savings Clause preserves common law liability even if it exceeds federal minimum standards. However, summary judgment was proper on the defective construction claim.
• Manor Care, Inc. v. Yaskin
  950 F.2d 122· 3d Cir.· 1991-12-04 ·cited 10×
  CERCLA does not preempt New Jersey's Spill Act directives requiring responsible parties to pay the state's share of cleanup costs, as CERCLA expressly allows states to impose additional liability.
• City OF Aventura v. Masone
  89 So. 3d 233· Fla. 3d DCA· 2011-11-30 ·cited 9×
  The City of Aventura appeals a trial court decision invalidating its red light camera ordinance. The appellate court reverses, holding that the ordinance is a valid exercise of municipal home rule powers and does not conflict with Florida's Uniform Traffic Control Law.
• Wolicki-Gables v. Arrow Int'l, Inc.
  641 F. Supp. 2d 1270· M.D. Fla.· 2009-07-22 ·cited 9×
  The court held that claims against a medical device manufacturer for common law torts are preempted by the Medical Device Amendments (MDA) if the device received premarket approval (PMA) from the FDA and the state law claims impose requirements different from or in addition to fe
• R.J. Reynolds Tobacco Co. v. Marotta
  182 So. 3d 829· Fla. 4th DCA· 2016-01-06 ·cited 8×
  R.J. Reynolds appeals a judgment in favor of the estate of a deceased smoker in an Engle progeny tobacco case, arguing that federal law implicitly preempts state tort claims for strict liability and negligence. The Fourth DCA affirms the judgment and rejects the preemption argume
• Exile v. Miami-Dade Cnty.
  35 So. 3d 118· Fla. 3d DCA· 2010-05-19 ·cited 8×
  The Third District Court of Appeal upheld Miami-Dade County Code Section 21-281, which prohibits convicted sexual offenders from residing within 2,500 feet of schools. The court rejected appellants' arguments that state law preempted the local ordinance or that it conflicted with
• Pinellas Cnty. v. City OF Largo
  964 So. 2d 847· Fla. 2d DCA· 2007-09-19 ·cited 8×
  Pinellas County appeals a trial court's invalidation of three ordinances attempting to establish an exclusive method of voluntary municipal annexation. The court holds that while Florida Statutes section 171.044(4) permits charter counties to adopt such exclusive methods, the met
• Ellenwood v. Exxon Shipping Co.
  984 F.2d 1270· 1st Cir.· 1993-01-14 ·cited 8×
  The court held that Section 503 of the Rehabilitation Act does not preempt state handicap discrimination claims, nor does admiralty law preempt such claims when they do not conflict with fundamental maritime principles. However, a contract claim based on a policy manual provision
• Arkansas-Platte & Gulf P'ship v. VAN Waters & Rogers, Inc.
  959 F.2d 158· 10th Cir.· 1992-03-06 ·cited 8×
  State tort actions based on pesticide labeling and failure to warn claims are impliedly preempted by the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA).
• West v. Nw. Airlines, Inc.
  923 F.2d 657· 9th Cir.· 1990-09-11 ·cited 8×
  The Federal Aviation Act does not preempt a state law claim for compensatory damages for breach of the covenant of good faith and fair dealing, but it does preempt a claim for punitive damages.
• Kitts v. Gen. Motors Corp.
  875 F.2d 787· 10th Cir.· 1989-05-19 ·cited 8×
  The National Traffic and Motor Vehicle Safety Act impliedly preempts state tort claims alleging defective design for failure to install air bags when manufacturers comply with federal safety standards.