We use cookies on this site to enable your digital experience. By continuing to use this site, you are agreeing to our cookie policy. close

In Perspective: Federal Agency Standards Preemption

Law360 (November 12, 2008, 12:00 AM EST) -- 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.

There is some anticipation among the...
To view the full article, register now.
Law360 Pro Say Podcast
Check out Law360's new podcast, Pro Say, which offers a weekly recap of both the biggest stories and hidden gems from the world of law.