How Implied Express Preemption Happened, What it Means to Trial Lawyers, and Why It Matters
Richard A. Daynard
Northeastern University - School of Law
New York University Annual Survey of American Law, Vol. 65, No. 3, pp. 475-484, 2010
Northeastern University School of Law Research Paper No. 66-2011
This piece is written from the perspective of a long-time advocate for the use of tobacco products litigation as a public-health strategy. It describes the surprise arrival of preemption as an effective defense in tobacco (and other products) cases, the impact on the ability of plaintiffs’ lawyers to get plaintiffs their day in court, and the consequences for public health of the failure of tobacco litigation in the 1980s.
Date posted: December 7, 2011