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Whether or not the complaint as drafted states a common law action in trespass made actionable by state law, it is clear from the way it was drawn that petitioners seek recovery squarely on the ground that respondents violated the Fourth and Fifth Amendments.
Bentham is also backing the Stewarts Law action against Tesco.
The trespass to chattels issue requires adapting the ancient common law action to the modern age.
Nevertheless, we have not previously addressed whether the principles underlying our abstention cases would support the remand or dismissal of a common law action for damages.
The plurality acknowledges that a common law action might impose a "requirement," but suggests that such a pre-emption would be "rare indeed". Ante, at 31.
It was brought as an ordinary common law action for the recovery of money against an officer acting under an unconstitutional statute.
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The UK has mostly sidestepped the spirit by letter of law actions.
Until Carter-Ruck got his teeth into the libel law, actions were infrequent and inexpensive.
Thus, a determination that respondent's complaints constitute a minor dispute would pre-empt his state law actions.
Although the act only covers public bodies, the courts have also applied it to private law actions between individuals or private companies.
Analysis, therefore, must begin with the question whether state common law actions can constitute "requirements" within the meaning of §360k(a).
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