Perspective
Oct. 23, 2010
The Expanding Waistline of the Executive Branch: Federal Preemption of the Foreign Affairs Powers
The federal government may no longer need written legislation in order to pre-empt state laws. By Brian Kabateck and Evan Zucker of Kabateck Brown Kellner.
On Oct. 4, 2010 the U.S. Supreme Court denied review of the Thomas Weiss v. Assicurazioni Generali case, which has led to disturbing new questions about the extent of federal preemption.
The plaintiff, Dr. Thomas Weiss, is the beneficiary of several modest life insurance policies purchased by his father, Pavel Weiss, whose wife, three young children, and siblings were murdered in the Holocaust.
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