Association des Eleveurs de Canards et d’Oies du Quebec v. Becerra

California’s law banning foie gras and other products made from force-fed birds is not preempted by the federal Poultry Products Inspection Act, since that act only prohibits states from imposing ingredient requirements, as opposed to restrictions on animal husbandry practices.   The Poultry Products Inspection Act (21 U.S.C. § 467e) prohibits states from imposing “ingredient requirements”…

Campidoglio v. Wells Fargo Bank, N.A.

The Home Owners Loan Act does not preempt a state law breach of contract claim that the bank miscalculated adjusted interest rates on loans, since common law breach of contract claims impose no requirements other than those the bank voluntarily assumed in its own agreements.  The Home Owners Loan Act does not preempt a state…

Branch Banking & Trust Co. v. D.M.S.I., L.L.C.

The Financial Institutions Reform, Recovery, and Enforcement Act (“FIRREA”) preempts a Nevada law that limited deficiency judgments on foreclosure to the amount by which the price the owner paid to acquire the loan exceeded the foreclosure sale price.  BB&T acquired three loans from the same group of defendants when it bought Colonial Bank’s assets from…

American Hotel & Lodging Assn. v. City of Los Angeles

Los Angeles ordinance setting $15.75 minimum hourly wage is not pre-empted by the National Labor Relations Act.  The NLRA does not preempt state or local laws that prescribe minimum labor standards, though it does preempt laws that interfere with the collective bargaining process.  Here, LA’s ordinance prescribing a $15.75 per hour minimum wage was a…

Glennen v. Allergan, Inc.

State law claims based on manufacturer’s failure to adequately train physicians on installation of its lap-band implant is preempted by the federal Food, Drug, and Cosmetic Act since, apart from the FDCA, state law imposed no duty on a manufacturer to train physicians.  To escape preemption by the Medical Device Amendments to the Food, Drug…