Thursday, June 06, 2013

Fourth Circuit -- American Petroleum Institute v. Roy Cooper, III

Preemption --

Ability of regulated parties to "opt out" of part of statute does not preclude preemption analysis.

As government encourages ethanol blending, it isn't adulteration and is therefore not preempted by anti-adulteration statute.

Lanham Act preemption a matter for trial.

American Petroleum Institute v. Roy Cooper, III
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.