A troubling trend in preemption rulings.
Trial, May, 2008 by Chemerinsky, Erwin
Other cases may receive more headlines, but for trial lawyers, the Supreme Court's most important decisions this year will focus on preemption. And the Court is already displaying a troubling trend on this issue.
On February 20, the Court handed down three decisions that address the question of when federal law trumps state law. All three found that the state law claims involved were preempted. (1) Still pending is Wyeth v. Levine, which considers whether a patient who was injured by off-label use of a drug can recover from the manufacturer, even though the FDA approved the label. (2)
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One would expect that a conservative Court, committed to protecting states' rights, would narrow the scope of federal preemption. After...
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