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…
Read More Title VII Preempts Negligence Claim, Court HoldsIn 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…
Read More Federal Court rules that New York City statutes and regulations governing construction cranes are not preempted by OSHA regulations