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Fla.·
2019-01-04
The Florida Supreme Court reviewed a lower court's decision regarding an Orange County ordinance that proposed term limits and nonpartisan elections for county constitutional officers. The court held that while term limits were permissible, the nonpartisan election provision conf
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763 F. Supp. 2d 1312·
S.D. Fla.·
2010-05-10
The court denied Bayer's motion in limine, finding that evidence of alleged misrepresentations to the FDA is not barred by Buckman if it supports state-law claims and is not a direct fraud-on-the-FDA claim.
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15th Cir. Ct. App. Div.·
2010-01-25
Ryan challenges a speeding citation issued by the Town of Juno Beach based on a photograph taken by an unmanned van. The court granted her petition for writ of certiorari, holding that the town's ordinance regulating speed enforcement through image-capturing technology is preempt
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15th Cir. Ct. App. Div.·
2010-01-21
The Fifteenth Judicial Circuit Court held that a municipal ordinance authorizing speed enforcement via unmanned photo vans is preempted by Florida's Uniform Traffic Control Law, which reserves traffic regulation to the state. The court reversed the code enforcement hearing office
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27 So. 3d 689·
Fla. 3d DCA·
2009-12-30
The court reversed the trial court's grant of summary judgment for McNeil, holding that federal law governing over-the-counter drug labeling preempts state law claims, as dictated by the Supreme Court's decision in Wyeth v. Levine.
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15th Cir. Ct. App. Div.·
2009-11-19
Levine challenged a speeding citation issued by the Town of Juno Beach based on a photograph taken by an unmanned van equipped with radar and camera technology. The circuit court held that the Town's ordinance authorizing this enforcement method is preempted by Florida's Uniform
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15th Cir. Ct. App. Div.·
2009-07-08
Karen Seidler Gross challenged a speeding citation issued by the Town of Juno Beach based on an automated photo van, arguing the town's code enforcement ordinance was preempted by Florida's Uniform Traffic Control Law. The court granted the petition for writ of certiorari, findin
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32 So. 3d 65·
Fla. 2d DCA·
2009-02-27
The court affirmed the lower court's decision, finding that the local funding ordinance did not conflict with or is impliedly preempted by the Class Size Amendment.
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488 F. Supp. 2d 1194·
M.D. Fla.·
2007-04-26
Claims pertaining to the vehicle's windows are preempted by federal law because FMVSS 205 allows manufacturers to choose between different glazing materials, including tempered glass.
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403 F. Supp. 2d 1131·
M.D. Fla.·
2005-11-16
Federal drug testing regulations for railroad employees do not completely preempt state common law negligence claims concerning the handling and reporting of drug test results.
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681 So. 2d 826·
Fla. 1st DCA·
1996-10-11
TMRMC challenged a summary judgment invalidating Leon County Ordinance Section 18, which required hospitals to pay for ambulance services. The court held that while the ordinance created a private cause of action and was not preempted by state law, Section 18's payment scheme con
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848 F. Supp. 170·
M.D. Fla.·
1994-03-29
The court held that federal law does not preempt state law product liability claims based on a vehicle's conspicuity, and the obviousness of a hazard is not an exception to liability but a factor in comparative negligence.
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873 F. Supp. 618·
M.D. Fla.·
1994-03-09
The court held that the Federal Boat Safety Act preempts state common law claims against manufacturers for failure to incorporate positive flotation in boats over twenty feet in length.
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999 F.2d 149·
6th Cir.·
1993-07-16
The court held that federal law impliedly preempts Kentucky's overtime wage statute as applied to interstate railroads, due to Congress's comprehensive regulation of the railroad industry and specific intent regarding overtime.
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996 F.2d 1346·
1st Cir.·
1993-07-07
The Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) preempts state law tort claims based on alleged failure to provide adequate warning labels for herbicides, when those labels have been approved by the EPA.
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988 F.2d 1480·
7th Cir.·
1993-03-16
The court held that the REA's new preemption regulations were invalid because the RE Act does not grant the Administrator authority to promulgate such sweeping preemptive rules, and the regulations do not serve the primary purpose of rural electrification.
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985 F.2d 736·
4th Cir.·
1993-01-28
The court held that the Federal Hazardous Substances Act (FHSA) does not preempt common law tort actions for non-compliance with federally mandated labeling requirements, provided the plaintiff does not seek more stringent labeling. The court affirmed summary judgment, finding th
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966 F.2d 777·
3d Cir.·
1992-06-04
State common law tort claims for defective design of vehicle lighting are not preempted by the National Traffic and Motor Vehicle Safety Act and Federal Motor Vehicle Safety Standard 108, as they do not necessarily conflict with federal law or frustrate its primary safety purpose
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725 F.2d 455·
8th Cir.·
1984-01-17
The court held that the federal Bus Regulatory Reform Act of 1982, specifically 49 U.S.C.A. § 11111, preempts the Missouri statute requiring bus companies to allow CB radio use by drivers.