§Why CasetextPricing

Cooperstown Holstein Corporation, Appellant,v.Town of Middlefield, Respondent.

Brief

39 Cited authorities

  1. Medtronic, Inc. v. Lohr

    518 U.S. 470 (1996)   Cited 2,412 times   35 Legal Analyses
    Holding that the presence of a state-law damages remedy for violations of FDA requirements does not impose an additional requirement upon medical device manufacturers but "merely provides another reason for manufacturers to comply with . . . federal law"

  2. Cipollone v. Liggett Group, Inc.

    505 U.S. 504 (1992)   Cited 2,399 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

  3. Bates v. Dow Agrosciences LLC

    544 U.S. 431 (2005)   Cited 547 times   11 Legal Analyses
    Holding that a preemption clause barring state laws "in addition to or different" from a federal Act does not interfere with an "equivalent" state provision

  4. Freightliner Corp. v. Myrick

    514 U.S. 280 (1995)   Cited 625 times   6 Legal Analyses
    Holding that a suspended Safety Act standard regarding tractor-trailer air brakes did not preempt common law tort actions

  5. Sprietsma v. Mercury Marine

    537 U.S. 51 (2002)   Cited 330 times   7 Legal Analyses
    Holding that the Coast Guard's decision not to regulate propeller guards did not impliedly pre-empt petitioner's tort claims

  6. Jackson v. New York State Urban Development Corp.

    67 N.Y.2d 400 (N.Y. 1986)   Cited 656 times   1 Legal Analyses
    Stating that failure to raise challenges to FEIS under state environmental law during proceedings could not be overlooked when determining whether failure to discuss issue in FEIS was reasonable

  7. People v. Applied Card

    2008 N.Y. Slip Op. 5780 (N.Y. 2008)   Cited 201 times
    Holding that, when determining whether to apply res judicata to non-parties, courts “must determine whether the severe consequences of preclusion flowing from a finding of privity strike a fair result under the circumstances”

  8. Gernatt Asphalt v. Sardinia

    87 N.Y.2d 668 (N.Y. 1996)   Cited 266 times   4 Legal Analyses
    In Gernatt —decided after the legislature had codified Frew Run's holding in an amendment to the MLRL's supersession clause—the Town of Sardinia amended its zoning ordinance to eliminate all mining as a permitted use throughout the town.

  9. Balbuena v. IDR Realty LLC

    2006 N.Y. Slip Op. 1248 (N.Y. 2006)   Cited 141 times   2 Legal Analyses
    Holding that "plaintiffs' status as aliens who are not legally authorized to work in the United States" did not preclude their recovery of lost earning in their suit to recover for injuries sustained as a result of defendants' purported violations of state Labor Law

  10. Albany Bldrs. v. Guilderland

    74 N.Y.2d 372 (N.Y. 1989)   Cited 159 times
    Holding Guilderland's local law was preempted by New York state law which provided a comprehensive scheme for funding road construction

  11. Section 617.10 - Generic environmental impact statements

    N.Y. Comp. Codes R. & Regs. tit. 6 § 617.10   Cited 61 times

    (a) Generic EISs may be broader, and more general than site or project specific EISs and should discuss the logic and rationale for the choices advanced. They may also include an assessment of specific impacts if such details are available. They may be based on conceptual information in some cases. They may identify the important elements of the natural resource base as well as the existing and projected cultural features, patterns and character. They may discuss in general terms the constraints

  12. Section 553.1 - Statewide spacing

    N.Y. Comp. Codes R. & Regs. tit. 6 § 553.1   Cited 3 times

    (a) Except as provided in subdivisions (b) and (c) of this section and absent a department order establishing spacing units, a well drilled, deepened, plugged back, or converted for the production of oil and gas cannot be located less than 660 feet from any boundary line of the lease, integrated leases or unit and cannot be closer than 1,320 feet from any other oil and gas well in the same pool. (b) Absent a department order establishing spacing units, a well which is on a lease, integrated leases

  13. Section 553.2 - Surface restrictions

    N.Y. Comp. Codes R. & Regs. tit. 6 § 553.2

    No well shall be located nearer than 100 feet from any inhabited private dwelling house without written consent of the owner; nearer than 150 feet from any public building or area which may be used as a place of resort, assembly, education, entertainment, lodging, trade, manufacture, repair, storage, traffic or occupancy by the public; nearer than 75 feet to the traveled part of any State, county, township, or municipal road or any public street, road or highway; or nearer than 50 feet from any public