Premption.

Practice point: The Supremacy Clause grants Congress the power to preempt state law. Within Constitutional limits, then, Congress may preempt state authority by so stating in express terms.

Student note: In the absence of explicit statutory language, preemption can be implied under field preemption where a review of federal legislation indicates that Congress intended federal law to fully occupy that field, or pursuant to conflict preemption where a state law is in conflict with federal law so that it would be impossible for a party to comply with both.

Case: Biscone v. JetBlue Airways Corp., NY Slip Op 09019 (2d Dept. 2012).

Here is the decision.

Tomorrow’s issue: Discovery.