Also known as: displacements · displace · displaces · displaced · displacing
Written by attorneys · grounded in primary & secondary sources — see below
The supersession of one legal rule or doctrine by another. A statute, constitutional provision, federal rule, or treaty overrides conflicting common law, state law, or prior doctrine when the later authority addresses the same subject and the conflict cannot be reconciled.
Demetrius Douglas filed a diversity class action in federal court seeking interest on late payments under a New York statute that barred class treatment for such claims. The defendant moved to deny certification on the basis of the state rule. The court applied Federal Rule of Civil Procedure 23 instead, allowing the class to proceed because the federal rule controlled the procedural question of certification.
Dorothy Daniels, a private figure, sued a media defendant for defamation over statements on a matter of public concern. The defendant moved for summary judgment, arguing that Daniels had to prove falsity. The court rejected the common-law presumption of falsity and required Daniels to bear the burden of proving the statements false.
Select any source to read its text and confirm it supports the definition.
Danielle Dixon sued Boy Scouts of America in New York after suffering injury during a scouting event that occurred partly in New Jersey. The defendant argued that New Jersey law should apply under the lex loci rule. The court applied New York law after finding no extraordinary circumstances justified displacing the locus state's interest.
Darius Dixon sued a foreign corporation in federal court under the Alien Tort Statute for conduct occurring entirely on foreign soil. The defendant moved to dismiss, arguing that the presumption against extraterritoriality barred the claim. The court dismissed the action because the statute did not reach the foreign conduct.
Dustin Donovan obtained a state design patent on boat hulls and sued a competitor for copying. The defendant argued that federal patent law preempted the state protection. The court held that the federal scheme displaced the state law because the state right conflicted with the federal balance of protection and competition.
Deborah Dunn, a component supplier, sued a printer manufacturer for false advertising under the Lanham Act. The defendant moved to dismiss on prudential standing grounds. The court applied the zone-of-interests test and allowed the claim to proceed because the supplier fell within the statute's protected class.
A federal rule displaces the state statute if the rule is valid under the Rules Enabling Act because it regulates procedure and does not abridge, enlarge, or modify any substantive right. The court then applies the federal rule to determine class certification or other procedural issues.
Yes. When speech involves matters of public concern, the First Amendment requires the plaintiff to prove falsity rather than allowing the common-law presumption to shift the burden to the defendant.
UCC provisions displace supplementary principles only to the extent the particular sections address the issue. Otherwise, law and equity, including estoppel, fraud, and mistake, continue to supplement the Code.
Express warranties displace inconsistent implied warranties other than the implied warranty of fitness for a particular purpose. Courts construe the warranties as consistent whenever reasonable and apply the parties' intention when inconsistency cannot be avoided.
…growth and religious experience to one person, but only frightening or despicable to another." Yet Missouri and this Court have displaced Nancy's own assessment of the processes associated with dying. They have discarded evidence of her will, ignored her values, and deprived her of the right to a decision as closely…