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implied preemption

Defined in 1 dictionary — Case Law

Definitions from Case Law

From 315 U.S. 148 - Cloverleaf Butter Co. v. Patterson, Commissioner of Agriculture & Industries · 1942Most cited · 416 citing opinions

When the prohibition of state action is not specific but inferable from the scope and purpose of the federal legislation, it must be clear that the federal provisions are inconsistent with those of the state to justify the thwarting of state regulation