justin mcquown blackwater

It is, in fact, axiomatic under our federalist system of government that state courts have the authority to decide federal constitutional issues. Without the big gun, without the third man, without the armored vehicle, they were sitting ducks, says Callahan. As we have noted, the federal district courts, followed by the federal courts of appeals and the United States Supreme Court, review DBA claims after they have been initially adjudicated in the Department of LaborSee 42 U.S.C. Justin McQuown was born on 11/17/1972 and is 50 years old.Justin McQuown currently lives in Virginia Beach, VA; in the past Justin has also lived in Joint Base Lewis McChord WA.Sometimes Justin goes by various nicknames including Justin L Mcquown and Justin L Mcqvuwn. The lawyers for the families charge that Blackwater has continued its practice of stonewalling. Potter insisted that his men be given armored vehicles, however, and was removed as project manager on March 24, replaced by Justin McQuown. For the reasons that follow, we hold that we lack jurisdiction to hear the appeal and decline to issue a writ of mandamus.3. Helvenston believed McQuown resented him and deliberately reassigned Helvenston at the last minute. Judge DUNCAN wrote the opinion, in which Judge SHEDD and Judge JONES joined. Youre out of your mind. 151 F.3d at 167. eclipse sample sale mother denim what is truth? Scottys not going to die in vain, says his mother. . Among other categories of cases, the federal district courts possess original jurisdiction over civil cases raising federal questions, which are "all civil actions arising under the Constitution, laws, or treaties of the United States." Finally, once a district court determines that it lacks subject matter jurisdiction over a removed case, 1447(c) directs that the case "shall be remanded." . He was divorced but continued to support his ex-wife and two children. Blackwater Security, et al Filing 4 Memorandum by Blackwater Security, Blackwater Lodge & T, Justin L. McQuown, Thomas Powell in support of [3-1] to dissolve ex parte state court orders permitting notice of deposition. Blackwater argues, however, that we may issue a writ of mandamus because this case presents a conflict between 1447(d) and the DBA. Co., 517 U.S. 706, 714-15, 116 S.Ct. Before SHEDD and DUNCAN, Circuit Judges, and JAMES P. JONES, Chief United States District Judge for the Western District of Virginia, sitting by designation. In re BLACKWATER SECURITY CONSULTING, LLC, a Delaware Limited Liability Company; Blackwater Lodge and Training Center, Incorporated, a Delaware Corporation, Petitioners.In re Justin L. McQuown, Petitioner.Richard P. Nordan, as Ancillary Administrator for the separate Estates of Stephen S. Helvenston, Mike R. Teague, Jerko Gerald Zovko and Wesley J.K. Batalona, Plaintiff-Appellee, andEstate of Stephen S. Helvenston; Estate of Mike R. Teague; Estate of Jerko Gerald Zovko; Estate of Wesley J.K. Batalona, Plaintiffs,v.Blackwater Security Consulting, LLC, a Delaware Limited Liability Company; Blackwater Lodge and Training Center, Incorporated, a Delaware Corporation, Defendants-Appellants, andJustin L. McQuown, an individual; Thomas Powell, Defendants.Professional Services Council; International Peace Operations Association; American International Group, Incorporated, Amici Supporting Appellants.Richard P. Nordan, as Ancillary Administrator for the separate Estates of Stephen S. Helvenston, Mike R. Teague, Jerko Gerald Zovko and Wesley J.K. Batalona, Plaintiff-Appellee, andEstate of Stephen S. Helvenston; Estate of Mike R. Teague; Estate of Jerko Gerald Zovko; Estate of Wesley J.K. Batalona, Plaintiffs,v.Justin L. McQuown, an individual, Defendant-Appellant, andBlackwater Security Consulting, LLC, a Delaware Limited Liability Company; Blackwater Lodge and Training Center, Incorporated, a Delaware Corporation; Thomas Powell, Defendants.Professional Services Council; International Peace Operations Association; American International Group, Incorporated, Amici Supporting Appellants. Eventually, their corpses are chopped and burned. For most people, the gruesome killings were the first they had ever heard of Blackwater USA, a small, North Carolina-based private security company. navy seal scott helvenston death video. Since the Falluja incident, and also because of it, Blackwater has emerged as one of the most successful and profitable security contractors operating in Iraq. Justin McQuown has worked for a number of companies since 2004. Check resumes and CV, places of employment, social media profiles, publications, photos and videos, skilled experts, arrest records, business records and work history . Further, the court determined that Blackwater's assertion of removal jurisdiction by way of a unique federal interest in the adjudication of Nordan's claims "assume[d] the very conclusion which [the] court lack[ed] jurisdiction to reach, namely that the decedents in this case are covered as employees under the DBA." We therefore see no reason why Blackwater's possible entitlement to adjudication before the Department of Labor should allow it to characterize the district court's denial of its motion to dismiss as a conclusive denial of a substantive right. 42, 53 L.Ed. We first address the issue of our authority to review this case by appeal. More than 428 private contractors have been killed to date in Iraq, and US taxpayers are footing almost the entire compensation bill to their families. His mother says he took the job with Blackwater because the company offered short-term, two-month contracts, and Scott viewed it as an opportunity to turn his life around. It mostly was, Mom, please dont worry, Im OK. Im gonna be home soon and Im gonna see ya. 6. Blackwater failed to raise this issue before the district court. Justin is currently based in Perry, United States. By signing up to receive emails, you agree to receive occasional promotional offers for programs that support The Nation's journalism. . The doctrine of complete preemption provides a corollary to the well-pleaded complaint rule. Filed: 2006-08-24 Precedential Status: Precedential Docket: 05-1949 Id. As we expose Blackwater in this case, it will also expose the inefficient and corrupt system that exists over there.. The State court may thereupon proceed with such case.". to the [appropriate federal] district court," where the court must substitute the United States as the sole defendant. The presence of an error in that analysis does not change its jurisdictional character. But on March 12, 2004, Blackwater and Regency signed a subcontract, which specified security provisions identical to the original except for one word: armored. Blackwater deleted it from the contract. You need to show intent. Or is the Saudi nose in the Ame justin mcquown blackwater. Jun 21, 2022 Law Project, a federally-recognized 501(c)(3) non-profit. The district court made no DBA coverage decision that might form the basis of our review. John Potter had recently teamed Blackwater up with a Kuwaiti business called Regency Hotel and Hospital Company, and together the firms won a security contract with Eurest Support Services (ESS), guarding convoys transporting kitchen equipment to the US military. The second distinction that defeats Blackwater's reliance on Shives to support appellate jurisdiction in this case is the existence in Shives of a "conceptual antecedent" to the district court's remand order. tn_keyword: ['academi', 'security-c'], See, e.g., Muth v. United States, 1 F.3d 246, 250 (4th Cir. Today, it trains more than 40,000 people a year from a variety of agencies - including all the military services - at its Moyock compound, which it says is the largest tactical training facility in the world. Thats why this case is being watched so closely by other firms operating in Iraq. Brief of respondent Justin McQuown in support filed. Rather, an order is issued pursuant to section 1447(c) if the district court perceived that it was without jurisdiction over the cause. Id. . One of the first principles of preclusion, however, is that the precluding order either actually determined the issue sought to be precluded (in the case of issue preclusion) or issued a final judgment on the merits (in the case of claim preclusion). Potter insisted that his men be given armored vehicles, however, and was removed as project manager on March 24, replaced by Justin McQuown. 2006). A couple days before Scott was murdered, Justin McQuown got in an altercation with Scott, which resulted in Justin forcing Scott to give up his gun. Roach v. W. Va. Reg'l Jail & Corr. Blackwater held a memorial service for the men at its compound. 11/30/2022 10:48 PM. Shives thus presented the court of appeals with an order in which the district court actually decided, on an uncontested factual record and as part of its inquiry into the permissibility of removal, whether the LHWCA covered the plaintiff's claims. They have no values, they have no morals. Blackwater may assert in state court, subject to review by the United States Supreme Court, its defenses regarding the constitutional exclusivity of a federal administrative remedy. Helvenston began training at Blackwater USA's facilities in March 2004, and developed a personal conflict with head trainer Justin "Shrek" McQuown. Congress's allocation of authority to an agency and away from district courts defeats a complete preemption claim. When Helvenston resisted the order, citing the short notice and lack of preparation, the lawsuit alleges, his boss, Justin McQuown, reacted violently. Of course, we need look no further than 1447(c) to conclude that Congress has not only authorized remand under such a circumstance, but also emphatically required it. We therefore conclude that logical and factual severability, along with conclusiveness, are central requirements of Waco's exception to 1447(d). Id. (from 3 cases), Noting that an appellate court should consider "the substantive reasoning behind the order to determine whether it was issued based upon the district court's perception that it lacked subject matter jurisdiction" You can view more information below including images, social media accounts, and more. The district court in Shives faced, on the one hand, 1445(a), which prohibited removal of state-filed FELA claims, and, on the other hand, a notice of removal claiming that the plaintiff's claim was not brought under the FELA but was instead preempted by the LHWCA. Lontz, 413 F.3d at 442-43. McQuown On March 27, two days before Helvenston's scheduled deployment to Iraq, McQuown reassigned him to a team leaving on the 28th, over the objections of numerous other Blackwater employees. !, The White House, for its part, has turned the issue of accountability of Blackwater and other private security companies into a joke, literally. Potter persisted, insisting that his men be provided with armored vehicles. Justin began their career as a Test Design Engineer at GE FANUC in 2004. Id. Because the Supreme Court has clarified that 1447(d)'s restriction on review applies only to remand orders made pursuant to 1447(c), see Thermtron, 423 U.S. at 346, 96 S.Ct. "), overruled on other grounds by Quackenbush v. Allstate Ins. None of that was true, says attorney Callahan. Nordan, 382 F.Supp.2d at 813-14. APPEAL DISMISSED; PETITION FOR WRIT OF MANDAMUS DENIED; MOTION TO STRIKE DENIED AS MOOT. So from my perspective the real villains of this piece are not Tom Powell, Justin "Shrek" McQuown or even Blackwater founder Eric Prince but "free market" fundamentalism and the privatization of essential governmental services, both of which skip hand-in-hand with Christian fundamentalism. He trained Demi Moore for her film G.I. "[T]his court lacks subject matter jurisdiction over this cause of action . Id. As we recently noted in Lontz, the ability of a state court "to determine its own jurisdiction is a serious obligation, and not something that federal courts may easily take for themselves." See Louisville & Nashville R.R. In that case, we concluded that 1447(d) did not prohibit appellate review of the district court's remand order because that order did not arise from the district court's perception that it lacked subject matter jurisdiction, and thus was not issued pursuant to 1447(c). See Thermtron, 423 U.S. at 351, 96 S.Ct. For the reasons that follow, its reliance is misplaced. We have interpreted this conclusiveness requirement to mean that the challenged order must have a preclusive effect in subsequent proceedings. The man heading the training was Justin McQuown, nicknamed Shrek, after the green ogre movie cartoon character. Lets see if we can screw with Scott. Helvenston arrived for training at Blackwaters North Carolina campus around March 1, 2004. But their personal contracts also warned of death and/or injury caused by everything from civil uprising and terrorist activity to poisoning and flying debris. In filing its motion to dismiss the lawsuit, Blackwater quoted from its standard contract, insisting that those who sign it fully appreciate the dangers and voluntarily assume these risks as well as any other risks in any way (whether directly or indirectly) connected to the Engagement.. The party seeking removal bears the burden of demonstrating that removal jurisdiction is proper. Similarly, other circuits have had occasion to recognize as a key component of Waco the requirement that the reviewable decision be logically and factually precedent to the remand order. An analysis of Princes contributions prepared for The Nation by the Center for Responsive Politics reveals that since 1989, Prince and his wife have given some $275,550 to Republican campaigns. During training, McQuown would often improperly instruct the class or provide erroneous information, tactics or techniques, the suit alleges. See, e.g., Borneman, 213 F.3d at 824-25 ("Whether a district court's remand order is reviewable under 1447(d) is not determined by whether the order explicitly cites 1447(c) or not. Distilled to their essence, Blackwater's arguments appear to be that we must have jurisdiction because we have no jurisdiction and that our founding document simultaneously creates and prohibits jurisdiction in this case. See Thermtron Prods., Inc. v. Hermansdorfer, 423 U.S. 336, 346, 96 S.Ct. Justin has been found in 2 states including Virginia, Pennsylvania. It asserted that 28 U.S.C. to the state court. 1441(a). We similarly do not have jurisdiction under Waco's severable order exception to review the district court's conclusions that neither complete preemption nor a unique federal interest created a federal question for the purposes of removal. In this shocking expos, two government fraud experts reveal how private contractors have put the lives of countless American soldiers on the line while damaging our strategic interests and our image abroad. 36: Filed: 8/11/2005, Entered: 8/11/2005 Judgment for Estate of Batalona, Estate of Zovko, Estate of Teague, Estate of Helvenston, Richard P. Nordan against Justin L. McQuown, Blackwater Lodge & T, Blackwater Security IT IS ORDERED, ADJUDGED and DECREED that the court GRANTS plaintiff's motion to remand, pursuant to 28 U.S.C. This doctrine recognizes that some federal laws evince such a strong federal interest that, when they apply to the facts underpinning the plaintiff's state-law claim, they convert that claim into one arising under federal law. They are part of the Business Development team within the Sales Department and their management level is VP-Level. Read More . Justin McQuown - Director, Engi.. - Caretaker Medical . It was merely small-arms fire, which could have been repelled by armored vehicles.. Id. According to the suit, McQuown lacked the credentials of Helvenston and other ex-SEALs. Shives itself does not cite to Waco or explain how the LHWCA coverage decision at issue in that case satisfied Waco's severability standard. By the end of 2004 Blackwaters president, Gary Jackson, was bragging to the press of staggering 600 percent growth. Hooyah! by | Jan 24, 2023 | lignum vitae tree care | Jan 24, 2023 | lignum vitae tree care Obviously they concealed a material witness by hiring him and sending him out of the country. Callahan says Blackwater took advantage of the Potters financial straits to hinder the case against the company. The man heading the training was Justin McQuown, nicknamed Shrek, after the green ogre movie cartoon character. You may unsubscribe or adjust your preferences at any time. 1291 (2000). Another case upon which Blackwater significantly relies is also distinguishable on this basis. Id. The bar of 1447(d) applies to any order invoking substantively one of the grounds specified in 1447(c).") This is a precedent-setting case, says Marc Miles, an attorney for the families. What theyre trying to do is to say, Lookwe can do anything we want and not be held accountable. Bancorporation Ret. Having determined that the order before us was, indeed, predicated upon 1447(c), and therefore within the purview of 1447(d), we turn now to a consideration of whether one of the other judicially created exceptions to 1447(d) applies. Justin has 5 jobs listed on their profile. As the Supreme Court has instructed, we refrain from issuing a writ of mandamus in all but the most extraordinary circumstances to avoid circumventing congressional judgments about the proper scope of appellate jurisdiction. 1443 (2000), which concerns removal of state civil and criminal actions involving civil rights claims. Finally, we deny as moot Nordan's motion to strike. Co. v. Mottley, 211 U.S. 149, 152, 29 S.Ct. . In other words, appellate jurisdiction existed in Shives because the district court's order did not rest upon lack of subject matter jurisdiction, the ground set forth in 1447(c).6 By contrast, as we have explained, the district court remanded this case under 1447(c) for lack of subject matter jurisdiction. Daniel J. Callahan, Brian J. McCormack, Callahan & Blaine, A.P.L.C., Santa Ana, California, David F. Kirby, William B. Bystrynski, Kirby & Holt, L.L.P., Raleigh, North Carolina, for Richard P. Nordan, as Ancillary Administrator for the separate Estates of Stephen S. Helvenston, Mike R. Teague, Jerko Gerald Zovko and Wesley J.K. Batalona. Blackwater now seeks review, via both an ordinary appeal and a petition for a writ of mandamus. This absence of discretion to remand created the tension of which we spoke in Borneman. Its going to be deliberate. 413 F.3d at 442. Nation Books released his second book, Dirty Wars: The World Is a Battlefield, in 2013. (In fact, the suit contends that Blackwater fabricated critical documents and created a pre-trip risk assessment after this deadly ambush occurred.), The men entered Falluja with Helvenston and Teague in one vehicle and Zovko and Batalona in the other. Id. Jan 22 2007: Brief of respondent Richard P. Nordan in opposition filed. "During training, McQuown would often improperly instruct the class or provide erroneous information, tactics or techniques," the suit alleges. It seemed like an ideal situation for him, as two of his friends from his days on the reality TV show Combat Missions were helping to run the Blackwater operations: John and Kathy Potter. 1441(a) (2000) permitted removal both because the Defense Base Act ("DBA"), 42 U.S.C. Nordan, 382 F.Supp.2d at 814. Appeal dismissed; petition for writ of mandamus denied; motion to strike denied as moot by published opinion. However, if the LHWCA governed the claim instead, the employee could not proceed under the FELA and 1445(a) would not apply. Filed: Home; About; MISSIONS; Ministries; Messages; EVENTS; Blog; CONTACT US Many firms specializing in contractor law advertise the DBA as the best way for corporations servicing the war to avoid being sued. at 813. Here, as we have explained, we have no coverage question to review and rightfully so, as the district court did not need to reach that issue as part of its removal jurisdiction analysis nor do we have a factual record in which the legally material facts are uncontested. If the LHWCA was applicable, it would erase 1445(a)'s protection of state-filed FELA claims from removal. By contrast, Blackwater has not identified any portion of the DBA that similarly addresses either the removability to federal district court of state court actions purportedly preempted by the DBA or the district court's peculiar lack of discretion with respect to remand of such cases.11. Blackwater sent my son and the other three into Falluja knowing that there was a very good possibility this could happen, says Katy Helvenston, the mother of 38-year-old Scott Helvenston, whose charred body was hung from the Falluja bridge. In order to determine whether an exception to 1447(d) allows us to exercise appellate jurisdiction in this case, we draw from a related body of statutory text and jurisprudence governing removal of cases from state court to federal district court. It is nevertheless clear that we took appellate jurisdiction in Shives because the district court made a decision that was a "conceptual antecedent" to the remand order. Id. Contact. This appeal and petition for writ of mandamus require us to consider the extent to which we can review a district court order remanding a case to state court for lack of subject matter jurisdiction. Helvenston believed McQuown resented him and deliberately reassigned Helvenston at the last minute. Blackwater argues that the court exceeded its authority by remanding the case instead of dismissing it. Second, Blackwater fails to acknowledge a key difference between the record before us today and the record before us in Shives. Previously, Justin was a Research Engineer at L una Innovations and also held positions at AeroVironment, Stryten Energy, GE Healthcare, TopRank Marketing, Emerson, General Electric. This limitation on review applies even if the remand order is "manifestly, inarguably erroneous." The district court declined to dismiss the case as an alternative to remand because it determined that it did not have the authority to decide whether the DBA applied to Nordan's claims. What we have right now is something worse than the wild, wild west going on in Iraq, Callahan says. . While some of that may be legitimate defense tactics, the lawyers argue that the company has actively prevented court-ordered depositions from taking place, including taking steps to prevent a key witness from testifying: John Potter, the man who blew the whistle on Blackwaters removal of the word armored from the contract and was subsequently removed. Justin McQuown is a Vice President, Business Development at Guardian Centers based in Perry, Georgia. ' Those were some of the last words Helvenston would ever write. The preemption findings were merely subsidiary legal steps on the way to its determination that the case was not properly removed." (citing Waco, 293 U.S. at 143, 55 S.Ct. . Blackwater has. The tension-creating statute inBorneman was a portion of the Federal Employees Liability Reform and Tort Compensation Act of 1988 ("the Westfall Act"). Instead, the complaint alleges, Blackwater failed to provide the decedents with the armored vehicles, equipment, personnel, weapons, maps, and other information that it had promised, or with the necessary lead time in which to familiarize themselves with the area. Company founder Erik Prince and his family have poured serious money into Republican causes and campaign coffers over the past twenty years. McQuown. Blackwater is being sued for the wrongful deaths of Stephen Scott Helvenston, Mike Teague, Jerko Zovko and Wesley Batalona by the families of the men slain in Falluja. They do not deny that the men were aware of the risks they were taking, but they charge that Blackwater knowingly refused to provide guaranteed safeguards, among them: They would have armored vehicles; there would be three men in each vehiclea driver, a navigator and a rear gunner; and the rear gunner would be armed with a heavy automatic weapon, such as a SAW Mach 46, which can fire up to 850 rounds per minute, allowing the gunner to fight off any attacks from the rear. COPYRIGHT MATERIAL OMITTED COPYRIGHT MATERIAL OMITTED ARGUED: C. Allen Foster, Greenberg Traurig, L.L.P., Washington, D.C., for Petitioners/Appellants. it will at least, if the dismissal of the petitioner's complaint was erroneous, remit the entire controversy . In Nutter, we concluded that the district court's complete preemption conclusion was unseverable from its determination that it lacked removal jurisdiction: "the [district] court's findings regarding preemption and jurisdiction are indistinguishable. See id. . The employer then moved to dismiss the case, arguing that, because the employee had been injured while performing maritime work, he could receive compensation for that injury only by filing a claim with the United States Department of Labor under the Longshore and Harbor Workers Compensation Act ("LHWCA"), 33 U.S.C.A. 2145, 2156 n. 13, 165 L.Ed.2d 92 (2006) (internal quotation marks and citation omitted). "Mandamus is a drastic remedy to be invoked only in extraordinary situations." This was not done, according to Miles, so as to pad Blackwaters bottom line and to impress ESS with Blackwaters efficiency in order to win more contracts. At $21 million, it represented the companys biggest contract in Iraq. Finally, 1447(d) does not prohibit review of a remand order if that order exceeds the scope of the district court's authority. Justin McQuown's Phone Number and Email Last Update. This is an article Jeremy Scahill wrote for The Nation magazine in 2006. He spent twelve years in the SEALs, four of them as an instructor, and then tried his luck with Hollywood. It also supports our conclusion that the denial of Blackwater's motion to dismiss was not conclusive upon its substantive rights. Feb 7 2007 It was good money, but it was never enough, his mother remembers. As we have noted, a key component of Waco's collateral order exception is that the challenged order "in logic and in fact . 460 F.3d 576, Docket Number: We are unpersuaded. Plan, 407 F.3d 643, 650, 653 (4th Cir.2005). In 2012, they joined Luna Innovations as a . justin mcquown blackwater. Helvenston began training at Blackwater USA's facilities in March 2004, and developed a personal conflict with head trainer Justin "Shrek" McQuown. (internal citation omitted). Blackwater faces a formidable hurdle in this regard because Congress has severely circumscribed federal appellate review of certain orders remanding a case to the state court from which it was removed. As we have explained, 1447(d) bars appellate review of a remand order only if that order was issued pursuant to 1447(c)'s instruction to remand removed cases over which the district court possesses no subject matter jurisdiction. He said, Im gonna go over there, make some money, maybe make a difference. On occasion, Helvenston would attempt to politely assist McQuown by offering his expertise on the correct manner of the particular training exercise. See Kerr, 426 U.S. at 403, 96 S.Ct. Justin McQuown . Our tasks are dangerous and while we feel sadness for our fallen colleagues, we also feel pride and satisfaction that we are making a difference for the people of Iraq., The company swiftly rose to international prominence: Journalists were flooding Blackwater with calls, and military types were clamoring to sign up for work. }); In the Oval Office the killings were taken as a challenge to Americas resolve, according to the Los Angeles Times. We're aware of two companies registered to the same address: Dasava Ventures, LP and Ph Ventures, LLC. Instead, this team was sent out without the required equipment and personnel by those in charge at Blackwater.. Without a detailed map, they took the most direct route, through the center of Falluja. Email. 584. The men got lost on the evening of March 30 and eventually found a Marine base near Falluja where they slept for a few hours. Id. Business Brokers Melbourne offer comprehensive advice on selling and buying businesses around Melbourne and across Australia. Red Cross, 17 F.3d 671, 675 (3d Cir.1994) (explaining that Waco requires the reviewed portion of a remand order to be "both logically precedent to, and separable from, the remand decision" and measuring the severability of an issue by whether the district court reached it as part of an inquiry into the existence of subject matter jurisdiction); see also Kimbro v. Velten, 30 F.3d 1501, 1503 (D.C.Cir.1994) (concluding that Waco applies to decisions that "logically precede[ ] the question of remand") (internal quotation marks and citation omitted). A district court exceeds its statutory authority when it remands a case "on grounds that seem justifiable to [the court] but which are not recognized by the controlling statute." The fact that these four Americans found themselves located in the high-risk, war-torn City of Fallujah without armored vehicles, automatic weapons, and fewer than the minimum number of team members was no accident, the suit alleges. Therefore, neither the district court's refusal to decide whether the DBA applies to Nordan's claims, nor its concurrent conclusion that it lacked jurisdiction to reach the merits of the case will have any preclusive effect on Blackwater's ability to assert in state court its arguments concerning ordinary federal preemption.
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