Tuesday, September 2, 2008
The American Bar Association is sponsoring a one-hour teleconference on "State Tort Remedies for Consumers: Here Today, Gone Tomorrow? Assessing the Supreme Court Preemption Cases" on Tuesday, September 9th from 3:00 to 4:00 pm EST.
In its 2007 Term, the Supreme Court addressed two major cases concerning federal preemption of consumer remedies against manufacturers of medical devices and drugs. One case significantly expanded the scope of preemption, and the Court split 4-4 in the other. This Fall, the Court will hear two more cases with far-reaching implications for preemption of state tort remedies for consumers of defective or deceptively marketed products. The first will involve “light” cigarettes, and the other will involve prescription drugs.
This program will explain the background of the cases, their importance to litigators in pharmaceutical and tobacco cases, and their broader potential impact on the availability of state common-law remedies against manufacturers of products subject to federal regulation.