57 Cited authorities

  1. Medtronic, Inc. v. Lohr

    518 U.S. 470 (1996)   Cited 2,153 times   31 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. Wyeth v. Levine

    555 U.S. 555 (2009)   Cited 1,178 times   95 Legal Analyses
    Holding that the FDA's drug labeling judgments pursuant to the FDCA did not obstacle preempt state law products liability claims
  3. Metropolitan Life Ins. Co. v. Massachusetts

    471 U.S. 724 (1985)   Cited 1,455 times   7 Legal Analyses
    Holding that the National Labor Relations Act does not permit “unions and employers to bargain for terms of employment that state law forbids employers to establish unilaterally”
  4. English v. General Electric Co.

    496 U.S. 72 (1990)   Cited 1,182 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. Geier v. American Honda Motor Co.

    529 U.S. 861 (2000)   Cited 726 times   15 Legal Analyses
    Holding the absence of an express pre-emption clause “does not bar the ordinary working of conflict pre-emption principles”
  6. Hillsborough County v. Automated Medical Labs

    471 U.S. 707 (1985)   Cited 1,101 times   3 Legal Analyses
    Holding that the courts "can expect that [Congress and/or agencies] . . . will make their intentions clear if they intend for their regulations to be exclusive"
  7. Pacific Gas Elec. v. Energy Resources Comm'n

    461 U.S. 190 (1983)   Cited 1,110 times
    Holding ripe for review a preemption challenge to a regulation imposing a moratorium on new nuclear plants because petitioners would face substantial financial hardship if they built plants while hoping the law would be struck down
  8. Gade v. National Solid Wastes Management Ass'n

    505 U.S. 88 (1992)   Cited 777 times   6 Legal Analyses
    Holding that § 653(b) prevents federal preemption of state tort law and worker's compensation schemes
  9. Jones v. Rath Packing Co.

    430 U.S. 519 (1977)   Cited 1,137 times   3 Legal Analyses
    Holding that the presumption is weaker, if triggered at all, where there is not a tradition of state legislation
  10. Silkwood v. Kerr-McGee Corp.

    464 U.S. 238 (1984)   Cited 861 times   1 Legal Analyses
    Holding that state award of punitive damages to person injured in nuclear incident did not conflict with federal remedial scheme regulating safety aspects of nuclear energy
  11. Section 17200

    Cal. Bus. and Prof'l. Code § 17200   Cited 13,021 times   277 Legal Analyses
    Prohibiting unlawful business practices
  12. Section 3294

    Cal. Civ. Code § 3294   Cited 1,786 times   7 Legal Analyses
    Stating plaintiff may recover punitive damages "in addition to the actual damages"
  13. Section 666 - Civil and criminal penalties

    29 U.S.C. § 666   Cited 360 times   23 Legal Analyses
    Penalizing false statement in health and safety report required under this chapter
  14. Section 653 - Geographic applicability; judicial enforcement; applicability to existing standards; report to Congress on duplication and coordination of Federal laws; workmen's compensation law or common law or statutory rights, duties, or liabilities of employers and employees unaffected

    29 U.S.C. § 653   Cited 331 times   2 Legal Analyses
    Establishing that nothing in the OSHA statute "shall be construed to ... enlarge or diminish or affect in any other manner the common law or statutory rights, duties or liabilities of employers and employees under any law ..."
  15. Section 652 - Definitions

    29 U.S.C. § 652   Cited 251 times
    Exempting States from the definition of "employer" subject to federal occupational safety and health laws
  16. Section 667 - State jurisdiction and plans

    29 U.S.C. § 667   Cited 159 times   2 Legal Analyses

    (a) Assertion of State standards in absence of applicable Federal standards Nothing in this chapter shall prevent any State agency or court from asserting jurisdiction under State law over any occupational safety or health issue with respect to which no standard is in effect under section 655 of this title. (b) Submission of State plan for development and enforcement of State standards to preempt applicable Federal standards Any State which, at any time, desires to assume responsibility for development

  17. Section 6300

    Cal. Lab. Code § 6300   Cited 91 times   1 Legal Analyses

    The California Occupational Safety and Health Act of 1973 is hereby enacted for the purpose of assuring safe and healthful working conditions for all California working men and women by authorizing the enforcement of effective standards, assisting and encouraging employers to maintain safe and healthful working conditions, and by providing for research, information, education, training, and enforcement in the field of occupational safety and health. Ca. Lab. Code § 6300

  18. Section 308

    Cal. Pen. Code § 308   Cited 70 times
    Imposing liability for tobacco sales to a minor
  19. Section 17508

    Cal. Bus. and Prof'l. Code § 17508   Cited 29 times   1 Legal Analyses
    Declaring it unlawful "to make any false or misleading advertising claim, including claims that purport to be based on factual, objective, or clinical evidence, compare the product's effectiveness or safety to that of other brands or products, or purport to be based on any fact"
  20. Section 6307

    Cal. Lab. Code § 6307   Cited 17 times

    The division has the power, jurisdiction, and supervision over every employment and place of employment in this state, which is necessary adequately to enforce and administer all laws and lawful standards and orders, or special orders requiring such employment and place of employment to be safe, and requiring the protection of the life, safety, and health of every employee in such employment or place of employment. Ca. Lab. Code § 6307

  21. Section 467 - Controls

    Cal. Code Regs. tit. 8 § 467   Cited 1 times

    (a) Any pressure vessel not specifically covered or exempted elsewhere in these Orders shall be protected by one or more safety valves or rupture discs set to open at not more than the allowable working pressure of the vessel and by such other controlling and indicating devices as are necessary to insure safe operation of the pressure vessel. (b) The owner or user of any pressure vessel not specifically covered or exempted elsewhere in these Orders shall provide such inspection and maintenance as

  22. § 1953.3 General policies and procedures

    29 C.F.R. § 1953.3   Cited 1 times

    (a) Effectiveness of State plan changes under State law. Federal OSHA approval of a State plan under section 18(b) of the OSH Act in effect removes the barrier of Federal preemption, and permits the State to adopt and enforce State standards and other requirements regarding occupational safety or health issues regulated by OSHA. A State with an approved plan may modify or supplement the requirements contained in its plan, and may implement such requirements under State law, without prior approval

  23. § 1954.11 Visits to State agencies

    29 C.F.R. § 1954.11

    As a part of the continuing monitoring and evaluation process, the Assistant Secretary or his representative shall conduct visits to the designated agency or agencies of State with approved plans at least every 6 months. An opportunity may also be provided for discussion and comments on the effectiveness of the State plan from other interested persons. These visits will be scheduled as needed. Periodic audits will be conducted to assess the progress of the overall State program in meeting the goal

  24. § 1902.44 Requirements applicable to State plans granted affirmative 18(e) determinations

    29 C.F.R. § 1902.44

    (a) A State whose plan, or modification thereof, has been granted an affirmative 18(e) determination will be required to maintain a program within the scope of such determination which will be “at least as effective as” operations under the Federal program in providing employee safety and health protection at covered workplaces within the comparable scope of the Federal program. This requirement includes submitting all required reports to the Assistant Secretary, as well as submitting supplements

  25. § 1954.10 Reports from the States

    29 C.F.R. § 1954.10

    (a) In addition to any other reports required by the Assistant Secretary under sections 18(c)(8) and 18(f) of the Act and § 1902.3(1) of this chapter, the State shall submit quarterly and annual reports as part of the evaluation and monitoring of State programs. 1 Such quarterly and annual reports forms may be obtained from the Office of the Assistant Regional Director in whose Region the State is located. (b) Each State with an approved State plan shall submit to the appropriate Regional Office