The Supreme Court's Stance On Preemption

Law360, New York (March 28, 2011, 3:37 PM EDT) -- Only one day after holding in Bruesewitz v. Wyeth LLC that the National Childhood Vaccine Injury Act (NCVIA) preempts all design-defect claims against vaccine manufacturers, the U.S. Supreme Court unanimously held in Williamson v. Mazda Motor of America Inc. that a Federal Motor Vehicle Safety Standard did not expressly or impliedly preempt a common-law damages suit against auto manufacturers.[1] The decisions, although factually different, reveal the fluid nature of the doctrine of preemption.

In Bruesewitz, the court examined the NCVIA to determine whether the act preempted...
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