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Focus (Forum & Focus)

Mar. 27, 2009

Will Aviation Pre-emption Cases Soar?

High-stakes litigation arising out of major aviation accidents is fertile ground for pre-emption arguments.

FOCUS COLUMN

By William V. O'Connor and Kimberly R. Gosling

The Supreme Court's recent opinion in Wyeth v. Levine, 2009 DJDAR 3199, has drawn significant attention over the last month. The court's decision lived up to its billing, and effectively defined the future of the federal pre-emption defense in pharmaceutical product liability cases. But industries regulated by the Food and Drug Administration are not the only ones taking note of Su...

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