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Preemption Library
The following are sources and resources that you will find valuable in learning more about the devastating effects of federal preemption/corporate immunity. Some of these links provide general background on the issue. Other sources relate specifically to preemption of state law and recourse to justice vis-à-vis medical devices and pharmaceuticals, as discussed on this website.
All of this information makes it easy to understand why the impact of corporate immunity is catastrophic for innocent victims of defective or unsafe products - whether they are produced by medical device manufacturers, pharmaceutical companies, automakers, or other big corporations.
Breaking News
Congress Must Restore Patients' Rights to Hold Medical Device Makers Accountable
Regulating the Safety of Pharmaceuticals: The FDA, Preemption, and the Public's Health
FJA Thanks U.S. Congresswoman Ileana Ros-Lehtinen for Supporting the 2009 Medical Device Safety Act
White House Memorandum on Preemption to Heads of Executive Departments and Agencies
Testimony on Medical Device Safety Act Presented May 12, 2009 before House Health Subcommittee
Congress Must Restore Rights of Consumers to Hold Medical Device Makers Accountable
Faces of Preemption: Fact Sheet
The Medical Device Safety Act of 2009
Supreme Court Correct to Uphold Right of Injured Patients to Sue Drug Companies
On-line Resources
About Federal Preemption (General)
Obama Seems to Be Open to a Broader Role for States
Commentary - Federal Preemption & Complete Immunity for Negligent Corporations
Preemption by Preamble: Federal Agencies and the Federalization of Tort Law
The Truth About Torts: Using Agency Preemption to Undercut Consumer Health and Safety
Blogs
Mass Tort Litigation Blog, a Member of the Law Professor Blogs Network
Tort Deform: The Civil Justice Defense Blog
Consumer Groups/Professional Associations
American Association for Justice
Social Science Research Network
U.S. Public Interest Research Group
Corporate Immunity: Medical Devices and Pharmaceuticals
Wyeth v. Levine defendant Diana Levine's website
Newsworthy quotes on "complete corporate immunity"
Dismissal of Medtronic Defibrillator Cases Leaves Thousands Injured without Justice
GAO Blasts U.S. Regulatory System as Seriously Outdated
High Risk Series: Protecting Public Health through Enhanced Oversight of Medical Products
Corporate Immunity: Automobile Safety
Corporate Immunity: Banking, Credit Card Fraud, ID Theft
National Banking Act Preemption
Corporate Immunity: Environmental Protection
Exxon Should Just Pay Its Penance
Corporate Immunity: Railroad Liability
Midnight Regulation Gives Negligent Corporations Immunity from Railroad Accidents
Government Agency Sources
Environmental Protection Agency
Federal Railroad Administration
National Highway Traffic Safety Administration
Legislation in Congress
Health Leaders Introduce Legislation Reversing Supreme Court's Medical Device Decision
Medical Device Safety Act of 2009: H.R. 1346
Medical Device Safety Act of 2009: S. 540
United States Supreme Court Cases
Wyeth v. Levine (2008 term, opinion March 4, 2009)
New England Journal of Medicine Amicus Brief in Wyeth v. Levine
Riegel v. Medtronic, Inc. (2007 term, opinion February 20, 2008)
Books
Buzbee, William, ed. Preemption Choice: The Theory, Law and Reality of Federalism's Core Question. Cambridge University Press, December 2008.
Kendall, Douglas T., ed. Redefining Federalism: Listening to the States in Shaping "Our Federalism." Environmental Law Institute, November 2005.
McGarity, Thomas O. The Preemption War: When Federal Bureaucracies Trump Local Juries. Yale University Press, December 2008
O'Reilly, James T. Federal Preemption of State and Local Law: Legislation, Regulation and Litigation. American Bar Association, June 2006.
Miscellaneous Articles
"Can FDA Seal Be Broken?" Newsday, August 11, 2004
"FDA Strategy would pre-empt tort suits," National Journal, March 1, 2004
"How to Fix the Tort System," Business Week, March 14, 2005
"State Lawmakers Balk at Growing Trend of Federal Preemption," Insurance Journal, April 10, 2006
"Stealth Tort Reform: How the Bush Administration's Aggressive Use of the Preemption Doctrine Hurts Consumers," Center for Progressive Legislation White Paper, October 2004
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