TorteDeForm

Kia Franklin

More from the Supreme Corp…

I only briefly mentioned the Riegel v. Medtronic decision yesterday. It's all over the place today. And rather than re-invent the wheel, I recommend that you check out Eric Turkewitz's coverage of this case, here. He shares an interesting take by identifying the big government vs. small government debate running as the undercurrent of cases like this one, which asked whether medical device makers should be shielded from state product safety lawsuits because the FDA gave them the (albeit very loose and lenient) stamp of approval. Turkewitz also gives some links to articles and blogposts on the case. Check it out.

Also check out this article, Supreme Court Continues Pro-Business Stance, by Tony Mauro of Legal Times. It discusses not just the Riegel case, but also Rowe v. New Hampshire Motor Transport Association (where the Court ruled that a state can not impose its own requirements for the shipment of tobacco to prevent delivery to minors, but must follow federal regulations) and Preston v. Ferrer (enforcing an arbitration agreement between Judge Alex and his ex-manager--this one's kind of interesting, more to come on it).

Kia Franklin: Author Bio | Other Posts
Posted at 12:47 PM, Feb 21, 2008 in In the News | Supreme Court Rulings
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Comments

Interesting who this site becomes all for "states rights" when it increases the opportunity for the plaintiff bar to line its pockets.

Interstate Commerce, however, was left to the Federal Government to regulate by the founding fathers, and wisely so. As long as the Feds do set standards, businesses should be able to operate by being in compliance with those standards without fear of every ambulance chaser trotting out new and usually bogus theories of liability

Posted by: Paul W Dennis | February 21, 2008 6:56 PM

We are already seeing that corporations will move to states that have a better legal climate. We can let the states override the Federal government and basically chase what few business that want to stay in the US to the states with the better legal environment.

Posted by: throckmorton | February 22, 2008 8:22 AM