- Legal Expert News
- Law Firm News
- Career News
- Headline Legal News
- Legal Trend News
- Legal Business
- Local Court News
- Court Watch
- Legal Interview
- Topics in Legal News
- Press Release
- Politics & Legal
- Market News
- Supreme Court again refuses to hear Blagojevich appeal
- Clicking 'checkout' could cost more after Supreme Court case
- Supreme Court rejects anti-abortion pastor's appeal on noise
- Supreme Court hearing case about online sales tax collection
- Another key redistricting case goes in front of high court
- Court: Mexican family can't sue agent in cross-border death
- Supreme Court limits reach of tax crime statute
- Cambodian court denies opposition leader release on bail
- Martin Shkreli cries in court, is sentenced to 7 years for securities fraud
- TransCanada doesn't have to pay landowner attorneys
After several employees had been fired for keeping guns in their locked vehicles, the state Legislature amended its gun laws in 2004 to hold employers criminally liable for prohibiting guns in vehicles.
A group of businesses challenged the amendments as too vague and an unconstitutional taking of company property. They also argued that the amendments violated their due process rights and were pre-empted by the federal Occupational Safety and Health Act (OSHA).
A federal judge granted their motion for a temporary restraining order and ordered extensive briefing on the issue of pre-emption. The judge then rejected the plaintiffs' constitutional claims, but determined that the laws were pre-empted by federal law and permanently enjoined their enforcement.
On appeal, the state argued against "conflict pre-emption," saying the amendments didn't impede or block any federal laws or policies.
The federal appeals court in Denver sided with the state, saying the OSHA regulates work-related hazards, not workplace violence.
"OSHA has not indicated in any way that employers should prohibit firearms from company parking lots," Judge Baldock wrote.
The panel reversed the injunction and reinstated the amendments.
Legal News Media
Legal News is the top headline legal news provider for lawyers and legalprofessionals. Read law articles and breaking news from law firm's across the United States to get the latest updates. We reserve the right, at our discretion, to change, modify, add, or remove portions of the site at any time. Your This site is solely for your personal use. You are, of course, welcome to print or otherwise copy material from this site for your personal use. However, you may not distribute, exchange, modify, sell or transmit anything you copy from this Site, including but not limited to any text, images, audio and video, for any business, commercial or public purpose. Any unauthorized use of the text, images, audio and video may violate copyright laws, trademark laws, the laws of privacy and publicity and civil and criminal statutes.