A Shift in the Preemption Landscape?

29 Pages Posted: 25 Jun 2019 Last revised: 3 Jul 2019

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). Tennessee Law Review, Forthcoming. Available at SSRN: https://ssrn.com/abstract=3406918 or http://dx.doi.org/10.2139/ssrn.3406918

Douglas Geoffrey Smith (Contact Author)

Kirkland & Ellis LLP ( email )

300 North LaSalle
Chicago, IL 60654
312 862 3374 (Phone)

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