California Court of Appeal

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Solus Industrial Innovations v. Super. Ct., G047661

In this action brought by a district attorney to recover civil penalties under California's Unfair Competition Law (UCL) based on defendant's alleged violation of workplace safety standards, petition for writ of mandate is granted and the superior court's order overruling defendant's demurrer is vacated, where: 1) state regulation of workplace safety standards is explicitly preempted by federal law under OSHA, and consequently, California is entitled to exercise its regulatory power only in accordance with the terms of its federally approved workplace safety plan; and 2) the UCL, in its current form, was not even in effect when California's plan was approved.

Appellate Information

  • Decided 09/22/2014
  • Published 09/22/2014

Judges

  • Rylaarsdam

Court

  • California Court of Appeal

Counsel

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