federal preemption Archives - Cockle Legal Briefs

Did Congress Preempt State-Law Tort Claims Made by Railroad Maintenance Workers?

Shon R. Hopwood2019-03-18T18:47:50-05:00November 9th, 2011|Tags: federal preemption, field preemption, Kurns v. Railroad Friction Products Corp., Locomotive Inspection Act, No. 10-879, SCOTUS Blog|

Tomorrow the Supreme Court will hear arguments in Kurns v. Railroad Friction Products Corp., No. 10-879, on whether the Locomotive Inspection Act preempts state-law tort claims relating to locomotive repairs. I had the honor of previewing the case at SCOTUS Blog today, which you can find here. Attorney David C. Frederick of Kellogg, Huber, Hansen, [...]

Can Medical Marijuana Users In Oregon Carry Concealed Guns Even Though Federal Law Does Not Allow Them To Possess Firearms? A New Supreme Court Petition Says “No”

The intersection between state law sanctifying medical marijuana and federal law outright banning it is a hot topic around the country. On Tuesday, the debate landed at the U.S. Supreme Court’s white marble steps. An Oregonian County filed a petition for certiorari in the U.S. Supreme Court arguing that a federal law banning firearm possession [...]