Emerging Trends in Personal Injury Law
2/13/2008 4:22:24 PM EST
Federal Preemption as a Defense to State Court Tort Proceedings
Posted by AME3bg
Federal preemption is the power of the federal government under the Supremacy Clause of the United States Constitution to displace a state law in favor of a federal law or regulation, when the state law conflicts with the federal law or regulation. Thus, when a conflict exists between a state law and a federal law or regulation, the federal law or regulation trumps, or preempts, the state law. Recently, defendants in personal injury lawsuits have employed federal preemption as a defense against plaintiffs’ tort suits brought in state court proceedings, in an effort to limit tort liability, as well as to diminish or escape a plaintiff’s recovery of punitive damages awards. This preemption defense is sometimes called constitutional tort reform, because it allows the U.S. Supreme Court to effectively reform state tort law through the application of constitutional limitations on state power in ways that limit a plaintiff’s right to recover in certain tort cases.

Rate this article:
LowHigh

Create an account or login to post comments.

Go!
RSS Feed

Should more Law Schools move to a skills-based curriculum??

Yes, this would better prepare students.
No, a traditional legal education is best.
A blend of both should be considered.
Submit

Tell us what content you would like to see on the Lexis Hub


Submit








Most Popular

Featured Career Tips

Featured Communities

Legal Sites

Other LexisNexis® Sites

Practice Area Communities

Your Resources