In Perspective: Federal Agency Standards Preemption

Law360, New York (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...
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