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The preemption danger.

Publication: Trial
Publication Date: 01-MAY-04
Format: Online
Delivery: Immediate Online Access
Full Article Title: The preemption danger.(President's Page)

Article Excerpt
Today, we face an unprecedented effort to preempt the civil justice system in the states. Each week brings a new bill. These proposals are not the products of empirical analysis and are not debated in any committee. In fact, they are quite the opposite--based on anecdote, fed by half-truths and outright lies, and nurtured by a political agenda to destroy citizens' rights.

Consider a recent bill that sought to insulate food manufacturers from "obesity" lawsuits. The Washington Post correctly observed that under current state law these cases are unlikely to succeed. Why, then, the rush to preemption?

Anticonsumer lawmakers have also proposed preemptive legislation to protect HMOs, the pharmaceutical industry, and doctors who commit medical malpractice. This...

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