A Shift in the Preemption Landscape?

39 Pages Posted: 25 Jun 2019 Last revised: 9 Jun 2020

Date Written: June 19, 2019

Abstract

This article discusses the Supreme Court's recent decision in Merck, Sharp & Dohme v. Albrecht and its effect on the law of preemption. The Supreme Court held that judges, not juries, should decide preemption questions. It also issued a series of non-binding statements regarding the standards for preemption. This article discusses the Supreme Court decision and its potential effects on future cases.

Keywords: preemption, constitution, mass torts, tort, pharmaceutical, litigation

Suggested Citation

Smith, Douglas Geoffrey, A Shift in the Preemption Landscape? (June 19, 2019). 87 Tennessee Law Review 213 (2019), Available at SSRN: https://ssrn.com/abstract=3406918 or http://dx.doi.org/10.2139/ssrn.3406918

Douglas Geoffrey Smith (Contact Author)

affiliation not provided to SSRN

Do you have negative results from your research you’d like to share?

Paper statistics

Downloads
94
Abstract Views
832
Rank
499,092
PlumX Metrics