Law360, New York (December 03, 2008) -- A key issue encountered in navigating through the miasma of federal preemption cases is the question of whether compliance with federal regulations satisfies only a floor or “minimum” standard, thus leaving state common law free to impose different or additional standards; or whether compliance with federal regulations constitutes an “ultimate” or “exclusive” standard, thus establishing a ceiling and dictating the standards of care.
Of course, these polar perspectives can and often do have a decisive impact on individual case results....
