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Preemption: Recent Developments in Products General Liability and Consumer Law by James M. Beck
Dechert LLP
Philadelphia Office
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May 21, 2004
Previously published on Winter 2003
During the last twelve months, there were no major Supreme Court decisions impacting upon the preemption defense in personal injury cases, although the Court has accepted for decision in the upcoming term an important case under the Boat Safety Act, that should determine when, if ever, an affirmative agency decision not to regulate can have a preemptive effect against product liability litigation.
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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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