Legal opinions – US Court of Appeals, 4th Circuit 

Posted: 7:22 pm Fri, January 29, 2010
By Daily Record Staff

Civil Procedure Federal preemption BOTTOM LINE: District court’s declaratory judgment that State statute was partially preempted by federal law was error because, without analyzing whether the State statute was applicable to Appellant in the first place, its conclusion was neither binding, nor conclusive, and was, therefore, an advisory opinion. CASE: H & R Block Eastern Enterprises, Inc. v. ...