Preemption Archives - Pospis Law, PLLC

April 22, 2024 by mjpospis

Title VII Preempts Negligence Claim, Court Holds

In Light v. Pepperidge Farm, Inc., 2024 WL 1703714 (N.D.Tex. April 19, 2024), the court dismissed plaintiff’s negligence claim with prejudice, holding that said claim was preempted by federal law – namely, Title VII of the Civil Rights Act of 1964. The court explained that “[a] state law claim is preempted by a federal statute…

Federal Court rules that New York City statutes and regulations governing construction cranes are not preempted by OSHA regulations

In a 42-page opinion issued last week (copy below), Southern District Judge Colleen McMahon held that the federal Occupational Safety and Health Act’s (“OSHA”) crane regulations did not preempt the New York City Building Code’s crane regulations (codified at Title 28 of the New York City Administrative Code). According to the Court, OSHA “is a…