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Preemption Of State Tort Law By Federal Safety Statutes: Supreme Court Preemption Jurisprudence Since Cipollone, Richard C. Ausness
Preemption Of State Tort Law By Federal Safety Statutes: Supreme Court Preemption Jurisprudence Since Cipollone, Richard C. Ausness
Law Faculty Scholarly Articles
This article shall attempt to trace the twists and turns of Supreme Court preemption jurisprudence. Part I provides a brief overview of federal preemption law, considering the constitutional sources of preemption and the traditional preemption categories. Part II analyzes Cipollone v. Liggett Group, Inc., the source of modem Supreme Court doctrine regarding preemption of state tort law by federal safety legislation. Part III reviews seven post-Cipollone Supreme Court preemption cases: CSX Transportation, Inc. v. Easterwood, Freightliner Corp. v. Myrick, Medtronic, Inc. v. Lohr, Norfolk Southern Railway Co. v. Shanklin, Geier v. American Honda Motor …