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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Barrientos v. 1801-1825 Morton LLC (2009)

Citation
Barrientos v. 1801-1825 Morton LLC (2009)
Parent Document
Barrientos v. 1801-1825 Morton LLC (2009)
Effective Date
2009-10-09

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[1] The preemption doctrine is rooted in the Supremacy
Clause of the U.S. Constitution. U.S. Const., art. VI, cl. 2.
“[T]he purpose of Congress is the ultimate touchstone in
every preemption case.” Medtronic, Inc. v. Lohr, 518 U.S.
470, 485 (1996) (alteration and internal quotation marks omit-
ted). Morton does not suggest that Congress expressly pre-
empted state law or intended federal law exclusively to
occupy the field of lease terminations. See English v. Gen.
Elec. Co., 496 U.S. 72, 78-79 (1990). State law, however, is
also “nullified to the extent that it actually conflicts with fed-
eral law.” Fid. Fed. Sav. & Loan Ass’n v. de la Cuesta, 458
U.S. 141, 153 (1982). “Such a conflict arises when compli-
ance with both federal and state regulations is a physical
impossibility or when state law stands as an obstacle to the
accomplishment and execution of the full purposes and objec-
tives of Congress.” Id. (citation and internal quotation marks
omitted); see also Wyeth v. Levine, 129 S. Ct. 1187, 1193-94
(2009).