The future of preemption

For FDA (Food and Drug Administration)-regulated companies, federal preemption can provide a potentially powerful defense to state tort claims. In recent years, the U.S. Supreme Court has decided numerous preemption cases, each emphasizing the highly context-sensitive nature of the inquiry. Determining when preemption applies and how to deploy it to limit claims and to manage discovery requires a keen awareness of evolving doctrine and the regulatory record for the product at issue.

This article originally appeared on InsideCounsel on July 29, 2015.