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MassArbitration
Mass Tort & MDL

Preemption (Products)

The defence that federal regulatory requirements displace state-law product claims.

Express preemption arises from statutory text, most prominently for medical devices approved through premarket approval; implied preemption arises where compliance with both federal and state duties is impossible or where state claims obstruct federal objectives. Preemption rulings are frequently dispositive across an entire mass tort.

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