Reseña de Access to Courts and Preemption of State Remedies in Collective Action Perspective (Law Review Symposium 2009)

Access to Courts and Preemption of State Remedies in Collective Action Perspective (Law Review Symposium 2009) de Case Western Reserve Law Review Resumen del Libro

The extent to which federal law may preempt state common law tort remedies, thereby limiting litigants' access to court, is an increasingly important issue. (1) Businesses that produce and sell products increasingly assert preemption defenses against product liability and related lawsuits by injured consumers based on regulations establishing health and/or safety standards that apply to their products. (2) At the same time, political and legal developments have made it more difficult to adopt strong health and safety regulations. (3) Thus, preemption of state tort remedies may lock in weak federal regulations, prevent states from protecting citizens, and leave consumers without adequate recourse against dangerous or unhealthy products. Nonetheless, there may be good reasons for federal law to be designed or construed so as to preempt state remedies. "Remedial preemption" raises fundamental questions about the proper allocation of authority between the federal and state governments and about the role of courts in interpreting statutes and providing remedies for those who suffer injuries. (4) At bottom, remedial preemption cases present the same basic questions, even if the answers to those questions will inevitably vary depending on the specific federal statutes and state remedies at issue. Developing a workable framework for analyzing remedial preemption issues can therefore help to ensure an appropriate accommodation of the federal and state interests at stake and promote consistent application of preemption doctrine to state judicial remedies.

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