Litigation
Aug. 7, 2001
False Submission
False Submission 'Kimmel' Court Adds Another Twist to Pre-emption in Tort Cases While the 9th Circuit premised its decision on older pre-emption cases, it did not discuss a more recent pre-emption decision.
In Nathan Kimmel Inc. v. DowElanco, 2001 DJDAR 7109 (9th Cir. July 11, 2001), the 9th U.S. Circuit Court of Appeals has decided that the Supremacy Clause does not pre-empt a state tort claim stemming from a manufacturer's alleged submission of false information to a federal a...
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