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Kagan recusals could mean plaintiff preemption losses (access required)

By: Kimberly Atkins
Staff writer
Published: July 16, 2010

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WASHINGTON - Just two terms after the plaintiffs' bar claimed a big victory in the Supreme Court preemption ruling Wyeth v. Levine, it may be time to brace for two potential losses at the Court next year. And those possible losses could come, in part, due to the addition of Elena Kagan to the bench.
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