Preemption On The Mind: Recent High Court Rulings

Law360, New York (March 12, 2008, 12:00 AM EDT) -- Preemption is on the Supreme Court’s mind. On Feb. 20, 2008, the Court issued two significant federal preemption decisions, Riegel v. Medtronic (8-1) and Rowe v. New Hampshire Motor Transportation Association (9-0)[1], holding that express preemption applies under a medical devices law and a motor carrier law.

Do these decisions manifest the Court’s willingness to define preemption as one tool in their arsenal for tort reform? We think so.

And other federally regulated product manufacturers are lining up.

This term, the Supreme Court has already heard...
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