What is the difference between federal and state preemption and jurisdictional preemption?
California, United States of America
The following excerpt is from Screen Extras Guild, Inc. v. Superior Court, 275 Cal.Rptr. 395, 51 Cal.3d 1017, 800 P.2d 873 (Cal. 1990):
The two types of preemption are analyzed differently. Jurisdictional preemption involves balancing the competing federal and state interests at stake. In such cases, the magnitude of especially deep-rooted local interests underlying particular state causes of action may outweigh any resulting interference with federal jurisdiction. (See, e.g., Operating Engineers v. Jones (1983) 460 U.S. 669, 683, 103 S.Ct. 1453, 1462, 75 L.Ed.2d 368.)
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