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Constitutional Law

: ACS Blog

Texas High Court Cites Federal Pre-emption In Blocking State Tort Claim

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The Texas Supreme Court provided a victory to the maker of BIC lighters when it ruled that a tort claim against the company could not be brought because of the U.S. Consumer Product Safety Act, Texas Lawyer reported.

The state high court concluded that the federal law pre-empted a tort case against the company brought in state court by a mother whose 6-year-old daughter was burned when another child accidentally set fire to her dress while playing. The court ruled that the federal law allows some tort claims, but not those that conflict with the federal regulations.

ACS recently hosted a panel discussion on regulatory preemption.

Full post as published by ACS Blog on May 03, 2008 (boomark / email).

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