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FEMA and Formaldehyde Exposure: Federal Law Preempts State Tort and Failure to Warn Claims |
July 2, 2009
Previously published on June 8, 2009
The federal government's provision of mobile homes to Hurricane Katrina and Rita victims has spawned an important federal preemption decision. The District Court for the Eastern District of Louisiana recently held that the Manufactured Home Construction and Safety Standards Act ("the MHA") and standards and regulations promulgated by the United States Department of Housing and Urban Development ("HUD") impliedly preempt state tort claims alleging excessive exposure to formaldehyde.
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The views expressed in this document are solely the views of the author and not Martindale-Hubbell. This document is intended for informational purposes only and is not legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance. |
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