This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.
Subscribe to the Daily Journal for access to Daily Appellate Reports, Verdicts, Judicial Profiles and more...

U.S. Supreme Court

Mar. 20, 2009

Lawyer on the Pre-emption Frontlines

Attorney David C. Frederick has won two Supreme Court cases in recent months allowing state tort lawsuits to go forward even if the products in question have received approval under federal law.

By Lawrence Hurley
Daily Journal Staff Writer

WASHINGTON - For a lawyer arguing before the U.S. Supreme Court, there's nothing worse than facing Justice Anthony Kennedy's steely glare.

If you alienate Kennedy, the current swing vote on the court, there's a good chance you'll lose the case altogether.

That's what seemed to be happening to Washington-based advocate David C. Frederick last October when he represented plaintiffs in a key case ...

To continue reading, please subscribe.
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!

Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)

Already a subscriber?

Enewsletter Sign-up