Federal Preemption
Federal Preemption
Federal preemption -- the concept that federal law trumps state and local law when Congress so intends or when conflicts or inconsistencies are present -- is vitally important to companies doing business in multiple states because it allows them to operate under one set of rules rather than having to accommodate varying and perhaps even conflicting rules in each state. Uniform national rules foster economic growth by preventing a balkanization of markets and ensuring national and international markets for goods and services. When applied to requirements imposed by state tort law, preemption often brings the added benefit of limiting unwarranted liability and ensuring that safety decisions are made by regulators with a national perspective.
At the 9th Annual Legal Reform Summit on October 29th, ILR released a practitioner’s handbook on using federal preemption as a defense in state tort claims. The Preemption Defense in Tort Actions: Law Strategy, and Practice covers such subjects as:
- The history of the preemption doctrine
- Rules of interpretation in express preemption cases, recurring arguments in such cases (and how to respond to them), implied preemption
- The meaning and function of “savings” clauses
- Preemption by administrative agencies.
The handbook also provides detailed analyses of the Supreme Court’s important preemption cases and dispenses practical and strategic advice to inside and outside counsel responsible for litigating preemption issues.
Latest on Federal Preemption:
- Judge's Son Had a Link To Medtronic
Wall Street Journal | February 13, 2009 - Let the F.D.A. Rule on Medical Devices
New York Times | February 12, 2009 - Should Chief Justice Recuse in Landmark 'Wyeth' Case?
Law.com | February 10, 2009 - ABA policy could be horrible medicine
DC Examiner | February 10, 2009 - Will Pfizer-Wyeth Deal Bump Chief Justice From Preemption Case?
WSJ.com Law Blog | February 9, 2009
