Preemption


“Preemption of state law by supreme federal law is often of critical importance to PLAC’s members and other product manufacturers. With such preemption, manufacturers can tailor their products to uniform national requirements rather than having to comply with a crazy quilt of differing state law requirements. In so doing, manufacturers can interact with what is typically a fairly sophisticated federal agency that has considerable expert resources and is used to undertaking comprehensive cost-benefit analyses, instead of comparatively unsophisticated (or even purely lay) state agencies, judges and juries. Both factors lead to safer products, produced more cost-effectively.”— David R. Geiger, Foley Hoag LLP


Amicus Briefs

 

Coleman v. Medtronic, Inc.

CA Supreme Court (2014)
Authored by Alan Untereiner, Robbins, Russell, Englert, Orseck, Untereiner & Sauber LLP, Washington, D.C.

Hutto v. McNeil-PPC, Inc.

LA Supreme Court (2012)
Authored by Nancy J. Marshall, Deutsch, Kerrigan & Stiles, L.L.P., New Orleans, LA

Bartlett v. Mutual Pharmaceutical

U.S. Supreme Court (2012)
Authored by David R. Geiger, Foaley Hoag LLP, Boston, MA

Dobbs v. Wyeth Pharmaceuticals

Tenth Circuit (2012)
Authored by Alan Untereiner, Robbins, Russell, Englert, Orseck, Untereiner & Sauber LLP, Washington, D.C.

Kurns v. Railroad Friction Products Corp. and Viad Corp.

U.S. Supreme Court (2011)
Authored by Jonathan M. Hoffman, Martin, Bischoff, Templeton, Langslet & Hoffman, LLP, Portland, OR

Doomes v. Best Transit

NY Court of Appeals (2011)
Authored by Charles H. Moellenberg, Jr., Jones Day, Pittsburgh, PA