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How Implied Express Preemption Happened, What it Means to Trial Lawyers, and Why It Matters

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

Posted: 7 Dec 2011  

Richard A. Daynard

Northeastern University - School of Law

Date Written: 2010

Abstract

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.

Suggested Citation

Daynard, Richard A., How Implied Express Preemption Happened, What it Means to Trial Lawyers, and Why It Matters (2010). 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. Available at SSRN: https://ssrn.com/abstract=1969467

Richard A. Daynard (Contact Author)

Northeastern University - School of Law ( email )

416 Huntington Avenue
Boston, MA 02115
United States

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