Emption - Judgment Search Results

Wyeth Vs. Levine

Court: US Supreme Court

..... application in cases like geier illustrate that this brand of the court s pre emption jurisprudence facilitates freewheeling extratextual and broad evaluations of the purposes and objectives embodied ..... in subsequent years the court has sometimes acknowledged a limited presumption against pre emption but it nonetheless remained an open question before today whether that presumption applied .....

Raghunath(d) By Lrs. Vs. Radha Mohan (d) Thr. Lrs.

Court: Supreme Court of India

..... even though there were views expressed that this right of pre emption is opposed to the principles of justice equity and good ..... general public the judicial approach adopted towards this right of pre emption was thereafter discussed in the said judgment in the following ..... and the plaintiff is estopped from claiming any right of pre emption of subsequent sale 99 in support of their contention learned .....

Suresh Chand and Anr. Vs. Suresh Chander (D) Thr. Lrs.

Court: Supreme Court of India

..... and kirorilal were brothers beni prasad filed the suit for pre emption against devicharan who was impleaded as the first defendant and kirorilal ..... consequently the assertion by beni prasad of a right of pre emption when kirorilal purported to sell the property on 6 january ..... to the persons mentioned in section 6 the right of pre emption accrues on the transfer of any immovable property to the classes .....

Cipollone Vs. Liggett Group, Inc.

Court: US Supreme Court

..... conception of damages actions that there is no general inherent conflict between federal pre emption of state warning requirements and the continued vitality of state common law damages actions ..... the manufacturers advertising or promotion i think that is inconsistent with the law of pre emption advertising and promotion are the normal means by which a manufacturer communicates required product .....

Lorillard Tobacco Co. Vs. Reilly

Court: US Supreme Court

..... of cigarette advertising fclaa 4 second it expanded the scope of the advertising pre emption provision where previously states were prohibited from requiring particular statements in cigarette advertising ..... nine justices subscribed to opinions that explicitly tethered the scope of the pre emption provision to congress concern with diverse nonuniform and confusing cigarette labeling and advertising .....

Geier Vs. American Honda Motor Co.

Court: US Supreme Court

..... less that such a burden necessarily arises from the limits of an express pre emption provision and considerations of language purpose and administrative workability together with the principles ..... with relative ease they can promulgate comprehensive and detailed regulations that have broad pre emption ramifications for state law we have addressed the heightened federalism and nondelegation concerns .....

Altria Group, Inc. Vs. Good

Court: US Supreme Court

..... with the provisions of this chapter 1334 b together the labeling requirement and pre emption provisions express congress determination that the prescribed federal warnings are both necessary and sufficient ..... since cipollone was decided this court has altered its doctrinal approach to express pre emption the cipollone plurality justified what it described as the theoretical in elegance of its .....

Kalu Ram and anr. Vs. Madho Ram and anr.

Court: Himachal Pradesh

Reported in: AIR1973HP81

..... 1917 was pleaded so as to exclude occupancy tenants in kangra district from claiming pre emption the learned division bench held that the said notification having been rendered inconsistent with the ..... by legislative policy which introduced tenant in the category of persons who could claim pre emption it must necessarily be held that the provision excluding occupancy tenants from claiming right of .....

Mutual Pharmaceutical Co. Vs. Bartlett

Court: US Supreme Court

..... dow agrosciences llc state law pesticide labeling requirement not pre empted under express pre emption provision provided it was equivalent to and fully consistent with federal misbranding provisions the ..... products 15 in some statutes congress has paired premarket regulatory review with express pre emption provisions that limit the application of state common law remedies including in some instances .....

Maheboobsab Buransab Maniyar and Others Vs. Mohadinsab Maheboobsab Man ...

Court: Karnataka Gulbarga

..... plaintiffs have adduced evidence in support of the case of pre emption as the pleadings lacks material particulars it is sought to be ..... of mahomedan law before they could enforce the right of pre emption mere issue of legal notice which is duly attested by two ..... trial court in the entire plaint the only plea regarding pre emption is that the plaintiffs are adjacent owners to the schedule properties .....