Climate Change Project

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Federal Preemption Cases

Related Areas

A key issue in ERISA law is the extent that federal law can preempt state tort laws.

One of the most important legal issues in public health law is the preemption of state public health and safety regulations by federal law. Also see Medical Device Law

See also Tobacco Cases, which all involve federal preemption under the Tobacco Labeling Act.


Supreme Court rejects federal preemption of state claims in drug cases - Wyeth v. Levine, 129 S.Ct. 1187 (2009)

Supreme Court strengthens federal preemption of state products liability law in medical device cases - Riegel v. Medtronic, Inc., No. 06-179 (2008)

Court upholds calorie labeling requirements for restaurant menus - New York State Restaurant Association v. New York City Board of Health, 545 F.Supp.2d 363 (S.D.N.Y. 2008) - FDA brief supporting NYC regulations against a preemption claim - City's brief.

Congress may implicitly delegate power to agency to preempt state law - New York v. Federal Energy Regulatory Commission, 122 S.Ct. 1012, 152 L.Ed.2d 47 (2002)

FDA warning label on joint cement preempts tort claim - Brooks v. Howmedica, Inc., 273 F.3d 785 (8th Cir. 2001)

5th Circuit Reaffirms MDA Preemption - Martin v. Medtronic, Inc., 254 F.3d 573 (5th Cir. 2001)

Washington State Port Regulations Preempted by Federal law - U.S. v. Locke, 120 S.Ct. 1135, 146 L.Ed.2d 69, 68 USLW 4184 (2000)

Brief - Federal courts split over whether PMA approval triggers federal preemption under the MDA - Kemp v. Medtronic, Inc., 231 F.3d 216 (6th Cir. 2000)

Supreme Court Limits the Use of the Commerce Clause - U.S. v. Morrison, 120 S.Ct. 1740, 146 L.Ed.2d 658 (2000)

Brief - Does PMA approval trigger federal preemption of state lawsuits against a medical device supplier? - Haidak v. Collagen Corp., 67 F.Supp.2d 21 (D.Mass. 1999) and Weiland v. Telectronics Pacing Systems, Inc., 721 N.E.2d 1149 (Ill. 1999)

Supreme Court Finds Medical Device Amendments do not Preempt State Tort Law - Medtronic, Inc. v. Lohr, 518 U.S. 470 (1996)

5th Circuit First Finds MDA Preemption - Stamps v. Collagen Corp., 984 F.2d 1416 (5th Cir. 1993)

Supreme Court Rules Cigarette Labeling Act Preempts Some State Tort Law Claims - Cipollone v Liggett Group, Inc. 505 U.S. 504 (US 1992)

Court finds that FDA regulations preempt state regulation of hearing aid sales - Com. of Mass. v. Hayes, 691 F.2d 57 (1st Cir.(Mass.) 1982)

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