Preemption Threatens Consumer Justice in Proposed Roof Strength Standard

The National Highway Traffic Safety Administration’s proposed roof crush standard, set to be issued by the end of 2008, includes a rule that would preempt consumers’ rights to demand justice in state courts. The preemption rule would override state tort law, blocking injured people from being able to hold manufacturers accountable for defective products that…

Preemption Case Supporting Glazing Claims: O’Hara v. General Motors Corporation

While preemption arguments continue to find their way before judges, some Court’s have refused to accept the application of the defense. One significant case occurred recently in O’Hara v. General Motors Corporation. In that case, Mr. and Mrs. O’Hara and their daughter were riding in a 2004 Chevrolet Tahoe when it was involved in a rollover…

Preemption of Medical Device Claims: Riegel v. Medtronics

To understand the concerns raised by preemption, it is important to understand the United States Supreme Court decision in Riegel v. Medtronics which upheld federal preemption in medical device design defect cases. In Riegel, the plaintiff underwent heart surgery and during the procedure a balloon catheter ruptured while his doctor was attempting to dilate his coronary artery…