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Is There a 'Noncompliance' Exception to Federal Preemption?

19 January 1996
The Bureau of National Affairs, Inc./Product Safety & Liability Reporter
May a defendant assert a preemption defense based on federal requirements it has not met? That question is being raised with increasing frequency in tort actions against the makers of medical devices and other products subject to preemptive federal regulation. Plaintiffs maintain that it disserves the overarching goal of enhancing safety to permit a defendant manufacturer who has not complied with federal safety standards to invoke the shield of preemption.

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