58 Cited authorities

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"
Wyeth v. Levine
555 U.S. 555 (2009) Cited 1,429 times 101 Legal Analyses
Holding that the FDA's drug labeling judgments pursuant to the FDCA did not obstacle preempt state law products liability claims
English v. General Electric Co.
496 U.S. 72 (1990) Cited 1,312 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
Metropolitan Life Ins. Co. v. Massachusetts
471 U.S. 724 (1985) Cited 1,515 times 10 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”
Geier v. Am. Honda Motor Co.
529 U.S. 861 (2000) Cited 786 times 16 Legal Analyses
Holding the absence of an express pre-emption clause “does not bar the ordinary working of conflict pre-emption principles”
Hillsborough County v. Automated Medical Labs
471 U.S. 707 (1985) Cited 1,189 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"
Gade v. National Solid Wastes Management Ass'n
505 U.S. 88 (1992) Cited 887 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
Pacific Gas Elec. v. Energy Resources Comm'n
461 U.S. 190 (1983) Cited 1,172 times
Holding "that the promotion of nuclear power is not to be accomplished ‘at all costs’ "
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
Silkwood v. Kerr-McGee Corp.
464 U.S. 238 (1984) Cited 914 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
Section 17200 - Unfair competition defined
Cal. Bus. & Prof. Code § 17200 Cited 17,792 times 315 Legal Analyses
Prohibiting unlawful business practices
Section 3294 - When damages recoverable for sake of example and by way of punishment; employer liability for acts of employee; death from homicide
Cal. Civ. Code § 3294 Cited 2,785 times 8 Legal Analyses
Stating plaintiff may recover punitive damages "in addition to the actual damages"
Section 666 - Civil and criminal penalties
29 U.S.C. § 666 Cited 384 times 25 Legal Analyses
Penalizing false statement in health and safety report required under this chapter
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 360 times 4 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 ..."
Section 652 - Definitions
29 U.S.C. § 652 Cited 273 times 3 Legal Analyses
Exempting States from the definition of "employer" subject to federal occupational safety and health laws
Section 667 - State jurisdiction and plans
29 U.S.C. § 667 Cited 181 times 10 Legal Analyses
Providing for transfer of jurisdiction
Section 6300 - Purpose of 1973 act
Cal. Lab. Code § 6300 Cited 151 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 Repealed and added by Stats
Section 308 - Unlawful sale or gift of tobacco, cigarettes, etc. of person under age of 21 years
Cal. Pen. Code § 308 Cited 109 times
Imposing liability for tobacco sales to a minor
Section 17508 - False or misleading advertising claim
Cal. Bus. & Prof. Code § 17508 Cited 45 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"
Section 6307 - Division power, jurisdiction and supervision
Cal. Lab. Code § 6307 Cited 31 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 Repealed and added by Stats. 1973, Ch. 993.
Section 467 - Controls
Cal. Code Regs. tit. 8 § 467 Cited 2 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
Section 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
Section 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
Section 1902.44 - Requirements applicable to State plans granted affirmative 18(e) determinations
29 C.F.R. § 1902.44 1 Legal Analyses
(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
Section 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. (b) Each State with an approved State plan shall submit to the appropriate Regional Office an annual occupational safety and health report in the form and detail provided for in the report and the instructions contained therein. (c) Each

SOLUS INDUSTRIAL INNOVATIONS v. S.C.

58 Cited authorities

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"

Holding that the FDA's drug labeling judgments pursuant to the FDCA did not obstacle preempt state law products liability claims

Holding that a tort arising from whistleblower retaliation at a nuclear facility was insufficiently related to radiological safety aspects in the facility's operation

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”

Holding the absence of an express pre-emption clause “does not bar the ordinary working of conflict pre-emption principles”

Holding local health ordinance not preempted because "the regulation of health and safety matters is primarily, and historically, a matter of local concern"

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

Holding "that the promotion of nuclear power is not to be accomplished ‘at all costs’ "

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

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

Prohibiting unlawful business practices

Stating plaintiff may recover punitive damages "in addition to the actual damages"

Penalizing false statement in health and safety report required under this chapter

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 ..."

Exempting States from the definition of "employer" subject to federal occupational safety and health laws

Providing for transfer of jurisdiction

Imposing liability for tobacco sales to a minor

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"