Perspective
Aug. 28, 2009
On Petitions, Plaintiffs and Pre-emption
Pre-emption is a significant issue in environmental law, writes James M. Sabovich.
There is in certain legal and business circles a growing unease over the vitality of pre-emption defenses in tort cases where the defendant is ostensibly sued for doing what the government required it to do. The recent U.S. Supreme Court decision in Wyeth v. Levine, 2009 DJDAR 3199, finding no pre-emption in a pharmaceutical failure to warn case caused some. The subsequent White House memorandum to federal agencies that has bee...
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