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Tag Archives: federal preemption

High Court deals death blow to consumer class actions

Consumer class actions – called a vital tool for rectifying corporate wrongdoing by some, a scourge on American business by others – could be largely a thing of the past after a U.S. Supreme Court ruling giving companies broad authority ...

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PRODUCT LIABILITY

Federal vehicle safety regulations do not preempt a state product liability claim against a minivan manufacturer for failing to provide combination lap/shoulder belts for all rear seat passengers. See “Seatbelt suit against Mazda isn’t preempted” U.S. Supreme Court. Williamson v. ...

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PREEMPTION

Are state law failure to warn suits against generic drug preempted by federal law? See “Are failure-to-warn drug suits preempted?” PLIVA. v. Mensing, No. 09-993; Actavis Elizabeth v. Mensing. No.09-1039 and Actavis v. Demahy, No. 09-1501 (consolidated) Certiorari granted Dec. ...

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