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That canon says that "a federal statute is presumed to supplement rather than displace state law".
2371, 2376, 85 L.Ed.2d 719851985) (pre-emption will be found where there is a "clear and manifest purpose " to displace state law; emphasis added).
Unless and until that showing is made, there is no cause to displace state law, much less to lodge this case in federal court.
The Attorney General will also have to overcome a presumption against state preemption, which is a general principle that federal law should not displace state law.
The issue is of sufficient gravity that the American Bar Association recommended last summer that Congress address "foreseeable pre-emption issues clearly and explicitly" when it passes a law that has the potential to displace state law.
The preclusion provision is often called a preemption provision; the Act, however, does not itself displace state law with federal law but makes some state-law claims nonactionable through the class action device in federal as well as state court.
Similar(51)
Megacities, he predicts, will displace nation states as the units of power, analysis, and the basis for our understanding of the dynamics of human civilization.
These states correspond to a class of a displaced state and are obtained by displacing number states with a displacement operator.
FEHBA contains a preemption clause, §8902(m)(1), displacing state law on issues relating to "coverage or benefits" afforded by health-care plans.
1385, 31 L.Ed.2d 719721972) (recognizing authority of federal courts to create federal "common law" of nuisance to apply to interstate water pollution, displacing state nuisance laws).
The Obama administration, on the other hand, filed a brief supporting the manufacturer, saying a federal compensation system displaced state law.
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