Litigation

Preemption and Arizona redux

By Ted Frank

In the Wall Street Journal, Jay Lefkowitz and Michael Shumsky defend the US v. Arizona result as a fair application of preemption—and ask whether the Obama administration will be as solicitous of the doctrine when it comes to upsetting the trial lawyers in drug litigation.

There's a difference, however, between Arizona and Buckman: there exists a federal statute requiring DHS to assist local law enforcement. There is no similar FDA obligation. The argument for Buckman preemption is stronger in the FDA context.

Full post as published by Point of Law on September 15, 2010 (boomark / email).