Preemption After Levine: A Practical Guide

Law360, New York (March 5, 2009, 12:00 AM EST) -- The past two years have witnessed a seismic shift in the law of preemption, culminating in the Supreme Court's long-awaited decision in Wyeth v. Levine. This article provides a detailed summary of the state of the law after Levine, and offers ten practical strategies for preserving and asserting a successful preemption defense.

The Preemption Defense

The availability of the preemption defense in a product liability action depends principally upon the applicability of any statutory preemption provision, the degree of federal oversight with respect to the product,...
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