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,...
Financial Services Law360 UK provides breaking news and analysis on the financial sector. Coverage includes UK and European Union policy, enforcement, and litigation involving banks, asset management firms, and other financial services organizations.