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Kia Franklin

If Obama Wins, ‘Preemption Will Be History’

Over at Pharmalot, tort "reform" supporter Victor Schwartz is quoted saying that if Obama wins, it's over for preemption:

"If the Supreme Court gives Wyeth a big win, the trial lawyers have a big war chest and they can go to Congress and get rid of this preemption language,” Victor Schwartz, a Shook Hardy & Bacon partner and longtime tort reform strategist, tells the paper. “If Obama comes in, it will be history.”

Two questions:

1) Is that true?

And 2) If so, where shall we celebrate? How about here? Or maybe here?

Join the comments section over at Pharmalot to chime in.

Kia Franklin: Author Bio | Other Posts
Posted at 1:33 PM, Nov 03, 2008 in Federal Preemption | Pharmaceuticals | Preemption | Presidential Election | Pro-Civil Justice Reforms | Product Liability | Supreme Court Rulings
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Comments

It depends in some measure on how far the court goes in Wyeth if plaintiff loses. The broaded and more sweeping the language, the better the chance for the mobilization required for sweeping legislation.

Posted by: Ron Miller | November 4, 2008 10:31 AM

I think if Obama wins and the Democrats get to 60 Senate seats that the First Amendment will be history, too. Any party that wants to reimpose the so-called "fairness doctrine" and to do away with secret ballots in union elections has no use for democracy at all.

Posted by: Avenger | November 4, 2008 7:30 PM

my family only received $1600 for my father-in-law's death. he had a recalled defibrillator (guidant). it killed him. where's the justice in that? i want answers!

Posted by: melissa wilson | June 17, 2009 1:39 PM