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White House Steps Back From Federal Preemption

Law360 (May 21, 2009, 12:00 AM EDT) -- Two months after the U.S. Supreme Court's Wyeth v. Levine ruling, the White House has released a memorandum signaling that, unlike the Bush administration, it will encourage executive departments and agencies to preempt state laws only after full consideration of the states' legitimate prerogatives and with sufficient legal basis.

Wednesday's memorandum, which comes after the high court ruled in Wyeth v. Levine that product liability claims made under state law are not preempted by federal law, said federal preemption should not appear in regulatory preambles without...
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