Werner v. Plater-Zyberk

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• “Express preemption arises when there is an explicit statutory command that state law be displaced.”
• “[A]bsent a United States Supreme Court pronouncement, the decisions of federal courts are not binding on Pennsylvania state courts, even when a federal question is involved.”
• “[A]bsent a United States Supreme Court pronouncement, the decisions of federal courts are not binding on Pennsylvania state courts, even when a federal question is involved.”
• “Federal preemption is a jurisdictional matter for a state court because it challenges . . . the competence of the court to reach the merits of the claims raised.”
• “When the Third Circuit has spoken on a federal issue, the ultimate answer to which has not yet been provided by the United States Supreme Court, it is appropriate for this Court to follow Third Circuit precedent in preference to that of other jurisdictions.”

Source: CourtListener parenthetical corpus (CC0).