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No Supremacy Clause Preemption Where State Statute Doesn’t Conflict With Federal

By Lois D. Mermelstein on May 8, 2025

The US Court of Appeals for the Fifth Circuit explained that ordinarily, when state law contradicts with federal law, the state law may be preempted by the federal law under the US Constitution’s Supremacy Clause. However, under Supreme Court precedent, state unfair-competition laws that accurately mirror the relevant provisions of federal law are not subject […]

  • Posted in:
    Intellectual Property
  • Blog:
    IP Update
  • Organization:
    McDermott Will & Emery
  • Article: View Original Source

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