Law360, New York ( April 30, 2014, 1:51 PM EDT) -- Industry clients were dubious when some of us defense lawyers began arguing about 25 years ago that federal regulatory statutes' preemption provisions apply to state common-law tort claims as well as to state statutes and state agency regulations. And the plaintiffs' bar — which had been in the habit of conveniently ignoring comprehensive federal safety regulation of products such as automobiles, drugs, medical devices and pesticides — was incensed. The proposition that the preemptive effect of federal regulation of products and services extends to state common law, however, is now an invincible legal principle, which the U.S. Supreme Court most recently reaffirmed in Northwest Inc. v. Ginsberg, No. 12-462 (U.S. Apr. 2, 2014)....
Law360 is on it, so you are, too.
A Law360 subscription puts you at the center of fast-moving legal issues, trends and developments so you can act with speed and confidence. Over 200 articles are published daily across more than 60 topics, industries, practice areas and jurisdictions.
