Wednesday, August 21, 2019

Douglas Smith on a Shift in the Preemption Landscape

Douglas Smith (Kirkland & Ellis LLP) has posted to SSRN his article, A Shift in the Preemption Landscape?, Tenn. L. Rev. (forthcoming).  Here is the abstract:

This article discusses the Supreme Court's recent decision in Merck, Sharp & Dohme v. Albrecht and its effect on the law of preemption. The Supreme Court held that judges, not juries, should decide preemption questions. It also issued a series of non-binding statements regarding the standards for preemption. This article discusses the Supreme Court decision and its potential effects on future cases.

 

https://lawprofessors.typepad.com/mass_tort_litigation/2019/08/douglas-smith-on-a-shift-in-the-preemption-landscape.html

FDA, Preemption, Products Liability | Permalink

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