The preemption issue, instead vacating the lower court's decision for the arbitrator to consider in the first instance whether the parties' contract precluded classwide arbitration1 4 three dissenting justices, however, would have held that the south.
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Preemptive definition, of or relating to preemption see more adjective of or relating to preemption taken as a measure against something possible, anticipated, or feared preventive deterrent: a preemptive tactic against a ruthless business rival preempting or possessing the power to preempt appropriative privileged: a commander's preemptive authority.
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Under the doctrine of preemption, which is based on the supremacy clause, federal law preempts state law, even when the laws conflict thus, a federal court may require a state to stop certain behavior it believes interferes with, or is in conflict with, federal law. Pre-emption clause a clause usually found in the articles of private companies designed to restrict the opportunities of shares being sold outside a prescribed group of people es.