18 Cited authorities

Cipollone v. Liggett Group, Inc.
505 U.S. 504 (1992) Cited 2,457 times 9 Legal Analyses
Holding that an express warranty was not a "requirement ... imposed under State law" because the obligation was imposed by the warrantor
Jones v. Rath Packing Co.
430 U.S. 519 (1977) Cited 1,199 times 3 Legal Analyses
Holding that the presumption is weaker, if triggered at all, where there is not a tradition of state legislation
Rice v. Santa Fe Elevator Corp.
331 U.S. 218 (1947) Cited 2,215 times 11 Legal Analyses
Holding that the clear statement rule may be satisfied where "the Act of Congress ... touch[es] a field in which the federal interest is so dominant that the federal system will be assumed to preclude enforcement of state laws on the same subject."
Olszewski v. Scripps Health
30 Cal.4th 798 (Cal. 2003) Cited 247 times 1 Legal Analyses
Holding that state statutes which permitted Medicaid providers to place liens and recover on claims against third parties who caused the Medicaid covered injuries were preempted to the extent the statutes permitted recovery beyond the Medicaid payment
Greenup v. Rodman
42 Cal.3d 822 (Cal. 1986) Cited 220 times
Recognizing that courts may, as a discovery sanction, strike an answer and enter the defendant's default
Summit Machine Tool Manufacturing Corp. v. Victor CNC Systems, Inc.
7 F.3d 1434 (9th Cir. 1993) Cited 108 times
Holding that claim for intentional interference with contract included requisite extra element and was therefore not preempted by federal law
Bowers v. Baystate Technologies, Inc
320 F.3d 1317 (Fed. Cir. 2003) Cited 54 times 2 Legal Analyses
Holding that the First Circuit was likely to adopt the rule that contracts were not preempted, and agreeing with the Seventh Circuit (see below)
Massachusetts Museum Contemp. v. BÜchel
593 F.3d 38 (1st Cir. 2010) Cited 37 times 1 Legal Analyses
Interpreting Visual Artists Rights Act amendments to Copyright Act in accord with existing definitions in Section 101 to conclude that unfinished works of visual art are protected
Elsworth v. Beech Aircraft Corp.
37 Cal.3d 540 (Cal. 1984) Cited 84 times
Holding that "in spite of the fact that federal law may have completely occupied the field of regulation of aircraft safety . . . remedies that a party may have under state law" are not abridged by the FAA
Fenning v. Glenfed, Inc.
40 Cal.App.4th 1285 (Cal. Ct. App. 1995) Cited 38 times
Holding that a lawsuit for "fraud, negligent misrepresentation" and "unfair and deceptive business practices" does not effectively regulate the operations of a savings association, and is not preempted
Section 106 - Exclusive rights in copyrighted works
17 U.S.C. § 106 Cited 3,958 times 111 Legal Analyses
Granting the owners of copyrights in “literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works” the exclusive right “to display the copyrighted work publicly”
Section 301 - Preemption with respect to other laws
17 U.S.C. § 301 Cited 1,438 times 20 Legal Analyses
Stating that when "legal or equitable rights ... are equivalent to any of the exclusive rights within the general scope of copyright ... no person is entitled to any such right or equivalent right in any such work under the common law or statutes of any State"
Section 106A - Rights of certain authors to attribution and integrity
17 U.S.C. § 106A Cited 194 times 23 Legal Analyses
Granting to "the author of a work of visual art" an inalienable right to prevent "distortion, mutilation, or other modification" which might prejudice the author’s "honor or reputation"

Demurrer CLM

18 Cited authorities

Holding that an express warranty was not a "requirement ... imposed under State law" because the obligation was imposed by the warrantor

Holding that the presumption is weaker, if triggered at all, where there is not a tradition of state legislation

Holding that the clear statement rule may be satisfied where "the Act of Congress ... touch[es] a field in which the federal interest is so dominant that the federal system will be assumed to preclude enforcement of state laws on the same subject."

Holding that state statutes which permitted Medicaid providers to place liens and recover on claims against third parties who caused the Medicaid covered injuries were preempted to the extent the statutes permitted recovery beyond the Medicaid payment

Recognizing that courts may, as a discovery sanction, strike an answer and enter the defendant's default

Holding that claim for intentional interference with contract included requisite extra element and was therefore not preempted by federal law

Holding that the First Circuit was likely to adopt the rule that contracts were not preempted, and agreeing with the Seventh Circuit (see below)

Interpreting Visual Artists Rights Act amendments to Copyright Act in accord with existing definitions in Section 101 to conclude that unfinished works of visual art are protected

Holding that "in spite of the fact that federal law may have completely occupied the field of regulation of aircraft safety . . . remedies that a party may have under state law" are not abridged by the FAA

Holding that a lawsuit for "fraud, negligent misrepresentation" and "unfair and deceptive business practices" does not effectively regulate the operations of a savings association, and is not preempted

Granting the owners of copyrights in “literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works” the exclusive right “to display the copyrighted work publicly”

Stating that when "legal or equitable rights ... are equivalent to any of the exclusive rights within the general scope of copyright ... no person is entitled to any such right or equivalent right in any such work under the common law or statutes of any State"

Granting to "the author of a work of visual art" an inalienable right to prevent "distortion, mutilation, or other modification" which might prejudice the author’s "honor or reputation"