Cipollone v. Liggitt Group, Inc., Federal Preemption and the Preservation of State Common Law Claims (Product Liability)

Authors

David J. Stout, University of New Mexico - School of LawFollow

Document Type

Article

Publication Date

6-1993

Abstract

In virtually every case involving a defective product you can anticipate the manufacturer or supplier seeking refuge behind the tired refrain "the Government let me do it." At its most basic the doctrine of preemption limits the operation of state law in areas where Congress has intended that federal law be exclusive or controlling.

It is to be hoped that the wave of federal preemption has crested and that the federal courts will, under the specific guidance of Cipollone, be less inclined to look beyond the expressed purpose of Congress to find state common law tort claims preempted.

Publication Title

The New Mexico Trial Lawyer: The Journal of the New Mexico Trial Lawyers' Foundation

Volume

21

Issue

6

First Page

130

Last Page

133

Recommended Citation

David J. Stout, Cipollone v. Liggitt Group, Inc., Federal Preemption and the Preservation of State Common Law Claims (Product Liability), 21 The New Mexico Trial Lawyer: The Journal of the New Mexico Trial Lawyers' Foundation 130 (1993).
Available at: https://digitalrepository.unm.edu/law_facultyscholarship/607