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Federal Preemption: Two Renditions of a Fundamental Theme Response

October 1998
Inside Litigation
It's a point of law of obviously crucial strategic importance: To what extent does federal jurisdiction override decisions in state courts in product liability cases? For defense counsel, preemption is a potent weapon. Not just conflicting laws, but the very absence of a federal statute can, in specific instances, support a contention that a defendant is in full compliance with existing regulation.

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