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The Preemption War: When Federal Bureaucracies Trump Local Juries

For the last decade, Americans’ right to sue manufacturers whose products cause them injury or harm has been under attack. It’s been a quiet war, but it has been fierce, raging simultaneously in the courts, federal regulatory agencies, and Congress. The conflict is over what is called agency preemption, and the fundamental question is whether and under what circumstances regulations by federal agencies may preempt – which is to say, trump – state laws allowing victims to bring suit against companies whose actions cause them harm. Read about Thomas McGarity's book on the topic.

Author(s): Thomas McGarity
Tags: Preemption War preemption
Categories: Regulatory Policy Regulatory Policy

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