Case Updates
Cert. petition denied
April 20, 2009
U.S. Chamber urges Supreme Court to review presumption against preemption and preemptive quality of agency actions
March 04, 2009
NCLC urged the Supreme Court to grant certiorari to decide whether the presumption against preemption applies to conflict preemption cases, and whether agency actions other than adjudication and rulemaking can preempt state law. According to NCLC, with increasing frequency courts are faced with conflict preemption issues. It is therefore of increased importance to decide whether the judicial thumb should be on the scales against a finding of preemption.