A turning of the tide for preemption: new developments in preemption law bode well for plaintiffs in products cases.

Trial, November, 2005 by Brueckner, Leslie A.

It's hard to imagine a drier-sounding subject than federal preemption. Yet it s even harder to imagine a doctrine that poses a bigger threat to access to justice in this country. When successful, the federal preemption defense can completely wipe out your clients' rights to obtain compensation for their injuries, regardless of the extent of the defendants' wrongdoing. This makes federal preemption very popular with defendants, who raise it every chance they get.

The preemption defense is particularly widespread in products liability litigation, where it has been asserted in a variety of cases involving products such as automobiles, flammable fabrics, disposable lighters, children's toys, medical devices, and boat engines. Over the past 20 years, preemption has...

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