« Environment - "Jacobus Tielen's lawyers are trying to resolve criminal and civil proceedings over manure management" | Main | Ind. Courts - Vigo County drug court featured »

Saturday, December 01, 2007

Law - "High Stakes for Regulated Industry in Supreme Court Pre-emption Cases"

Marcia Coyle of the The National Law Journal wrote Friday on pre-emption cases before the Supreme Court this term:

A concerted effort by the business community to have federal law preclude, or "pre-empt," state personal injury laws and other regulations has arrived en masse at the U.S. Supreme Court this term.

The justices have agreed to decide five pre-emption cases that involve products liability, transportation of dangerous substances, labor and other areas, and they have asked the U.S. solicitor general for his views on a sixth case seeking review.

First out of the argument box will be Riegel v. Medtronic Inc., No. 06-179, on Dec. 3. It asks if a provision in the Medical Device Amendments to the federal Food, Drug and Cosmetic Act forecloses state law tort suits claiming injury from the design, manufacture and labeling of a medical device that was granted premarket approval by the Food and Drug Administration.

The ILB has had a long list of entries re pre-emption efforts, including this one from Sept. 16th headed "In Turnaround, Industries Seek U.S. Regulation" and this one from Sept. 11th headed "Regulatory Preemption: Are Federal Agencies Usurping Congressional and State Authority?"

Posted by Marcia Oddi on December 1, 2007 06:34 PM
Posted to General Law Related