White Papers

American Association for Justice

The Truth about Torts: Using Agency Preemption to Undercut Consumer Health and Safety
    In recent years, the Bush administration has launched an unprecedented aggressive campaign to persuade the courts to preempt state tort actions.  Under the Supremacy Clause of the Constitution, Congress may choose to preempt state law from operating, and where Congress’s intent is not clear, it is up to the judiciary to determine if Congress intended preemption.

The Truth about Torts: Using Agency Preemption to Undercut Consumer Health and Safety (pages: 20)