February 21, 2008
Wednesday's Supreme Court Rulings
The court found that Congress in regulating certain medical devices intended to preempt state products liability tort law in Riegel v. Medtronic.
It also held federal statutes regulating tobacco sales to minors preempted state regulation, in Rowe v. N.H. Motor Transport Ass'n.
Finally, it also found federal preemption in a case implicating the FAA, or Federal Arbitration Act, in a case involving "Judge" Alex, Preston v. Ferrer.
In one victory for a plaintiff, though, it held that employers can be sued under ERISA for mismanagement of employee 401(k)'s in Larue v. DeWolf, Boberg & Assocs.
I'm on the road, to give a speech in Virginia, but will try to read and think on them. On the surface, federal government wins, and plaintiffs lose. Perhaps that was Congress's intent.
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