§Why CasetextPricing

PPL Energyplus, LLC et al v. Solomon et al

MEMORANDUM

44 Cited authorities

  1. Cipollone v. Liggett Group, Inc.

    505 U.S. 504 (1992)   Cited 2,404 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

  2. New York State Blue Cross Plans v. Travelers Ins

    514 U.S. 645 (1995)   Cited 1,561 times   23 Legal Analyses
    Holding that a statute imposing a surcharge on "[p]atients served by commercial insurers providing in-patient hospital coverage on an expense-incurred basis, by self-insured funds directly reimbursing hospitals, and by certain workers' compensation, volunteer firefighters' benefit, ambulance workers' benefit, and no-fault motor vehicle insurance funds" . . . "cannot be said to make 'reference to' ERISA plans in any manner" because the surcharge applied "regardless of whether the commercial coverage or membership, respectively, [wa]s ultimately secured by an ERISA plan, private purchase, or otherwise"

  3. Crosby v. Nat'l Foreign Trade Council

    530 U.S. 363 (2000)   Cited 987 times   9 Legal Analyses
    Holding that a state law is not preempted when compliance with state law does not stand as an "obstacle to the accomplishment and execution of the full purposes and objectives of Congress"

  4. English v. General Electric Co.

    496 U.S. 72 (1990)   Cited 1,318 times   8 Legal Analyses
    Holding that a tort arising from whistleblower retaliation at a nuclear facility was insufficiently related to radiological safety aspects in the facility's operation

  5. Altria Grp., Inc. v. Good

    555 U.S. 70 (2008)   Cited 639 times   9 Legal Analyses
    Holding that federal law did not preempt common-law fraud claim against cigarette manufacturer based on advertising of light cigarettes

  6. Fidelity Federal Savings & Loan Ass'n v. De La Cuesta

    458 U.S. 141 (1982)   Cited 1,605 times   6 Legal Analyses
    Holding that a regulation authorizing federal savings-and-loan associations to include due-on-sale clauses in mortgage contracts conflicted with a state-court doctrine that such clauses were un-enforceable

  7. Felder v. Casey

    487 U.S. 131 (1988)   Cited 1,181 times   2 Legal Analyses
    Holding that a state law imposing a 120–day notice-of-injury prerequisite for claims against governmental defendants is preempted in actions under 42 U.S.C. § 1983

  8. Hillsborough County v. Automated Medical Labs

    471 U.S. 707 (1985)   Cited 1,192 times   3 Legal Analyses
    Holding local health ordinance not preempted because "the regulation of health and safety matters is primarily, and historically, a matter of local concern"

  9. Gade v. National Solid Wastes Management Ass'n

    505 U.S. 88 (1992)   Cited 893 times   10 Legal Analyses
    Holding that "nonapproved state regulation of occupational safety and health issues for which a federal standard is in effect is impliedly preempted" by OSHA's standard

  10. Jones v. Rath Packing Co.

    430 U.S. 519 (1977)   Cited 1,187 times   3 Legal Analyses
    Holding that the presumption is weaker, if triggered at all, where there is not a tradition of state legislation

  11. Rule 30 - Depositions by Oral Examination

    Fed. R. Civ. P. 30   Cited 16,235 times   128 Legal Analyses
    Upholding a district court's decision not to consider the plaintiff's deposition errata sheets in opposition to a motion for summary judgment when they were untimely

  12. Section 824 - Declaration of policy; application of subchapter

    16 U.S.C. § 824   Cited 495 times   16 Legal Analyses
    Granting FERC authority over wholesale generation and transmission

  13. Section 48:2-13 - Powers of board; public utility defined; exemptions from jurisdiction

    N.J. Stat. § 48:2-13   Cited 91 times
    Declaring that "all services necessary for the transmission and distribution of electricity and gas, including but not limited to safety, reliability, meter reading and billing, shall remain the jurisdiction of the Board of Public Utilities"

  14. Section 48:2-21 - Rates

    N.J. Stat. § 48:2-21   Cited 62 times
    Stating that public utility bears "burden of proof to show that the increase, change or alteration is just and reasonable"

  15. Section 48:3-49 - Short title

    N.J. Stat. § 48:3-49   Cited 25 times

    Sections 1 through 46, and sections 51, 57, 59, 60, 63, 65 and 66 of this act shall be known and may be cited as the "Electric Discount and Energy Competition Act." N.J.S. § 48:3-49 L. 1999, c. 23, s. 1.

  16. Section 48:3-51 - Definitions relative to competition in certain industries

    N.J. Stat. § 48:3-51   Cited 19 times
    Defining "electric public utility"

  17. Section 40:55D-19 - Appeal or petition in certain cases to the Board of Public Utilities

    N.J. Stat. § 40:55D-19   Cited 16 times   1 Legal Analyses

    Appeal or petition in certain cases to the Board of Public Public Utilities. If a public utility, as defined in R.S. 48:2-13, or an electric power generator, as defined in section 3 of P.L. 1999, c. 23(C.48:3-51), is aggrieved by the action of a municipal agency through said agency's exercise of its powers under this act, with respect to any action in which the public utility or electric power generator has an interest, an appeal to the Board of Public Utilities of the State of New Jersey may be

  18. Section 48:3-98.2 - Findings, declarations relative to a long-term capacity agreement pilot program to promote construction of qualified electric generation facilities

    N.J. Stat. § 48:3-98.2   Cited 7 times

    The Legislature finds and declares: a. In 2007, PJM Interconnection, L.L.C., the firm that manages the regional electric power grid, changed the method of procuring capacity in the wholesale electricity market with the implementation of the reliability pricing model; b. The PJM reliability pricing model sought to create enhancements to the previously ineffective capacity procurement mechanism which had resulted in projected capacity deficiencies in New Jersey and other areas of the regional power

  19. Section 48:3-98.3 - Initiation, completion of schedule to support commencement of LCAPP

    N.J. Stat. § 48:3-98.3   Cited 2 times

    Notwithstanding any provisions of the "Administrative Procedure Act," P. L. 1968, c.410 (C.52:14B-1 et seq.) to the contrary, the board shall initiate and complete a proceeding in accordance with the schedule set forth in this section to support the commencement of the LCAPP: a. The board shall initiate and allow such proceeding to be completed no later than 60 days after the effective date of P.L. 2011, c. 9(C.48:3-98.2 et al.) to allow for the commencement of the LCAPP. The SOCA or SOCAs resulting

  20. Section 48:3-98 - Effective date; retroactivity

    N.J. Stat. § 48:3-98   Cited 2 times

    This act shall take effect immediately, except that, to the extent not already provided for by existing law, the authority of the board to order rate unbundling filings, restructuring filings, and stranded cost filings, perform audits of utility competitive services and take such other regulatory actions, including, but not limited to, the holding of hearings, providing of notice and opportunity for comment, the issuance of orders and the establishment of standards, including auction standards adopted