Preemption Law

Preemption Law

Despite efforts, the current federal government has been largely unable to advance legislation enacting federal preemption in the United States Congress, but some in government remain committed to advancing preemption at the expense of the constitutional rights of all Americans to a jury trial. Increasingly, regulators have proposed and instituted measures that seek to preempt state laws and eliminate the rights of people regularly represented by AAJ members. For example, in January 2006, the Food and Drug Administration proposed to preempt all state drug product liability actions. AAJ members currently represent tens of thousands of individuals whose on-going lawsuits could be wiped out by the FDA's action. The regulators are advancing similar "regulatory preemption" measures with respect to automobiles, banking, railroad negligence, medical devices, and countless other consumer products.

In addition to the efforts to enact new preemptive statutes and regulations, old rules are being given broad preemptive effect by activist judges who were recently appointed. AAJ members are fighting these battles in automobile litigation, drug litigation, medical device litigation, and railroad litigation on a regular basis.

The Preemption Law Litigation Group is a multi-disciplinary group designed to educate and assist lawyers, legislators, and regulators on matters concerning federal preemption of historically-protected state and federal causes of action.

This Litigation Group has a list server where members exchange ideas on preemption law. In addition, the group provides members a forum within which they can share information about case analysis, experts, and trial techniques.

• Meetings: AAJ Annual and Winter Convention and when necessary.

• Membership: Open to Regular, Sustaining, Life, and President's Club, members.

• Dues: None

Chair

Janet Abaray | Burg Simpson Eldredge Hersh & Jardine PC, Cincinnati, OH