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Fifth Circuit rejects preemption in auto glass case.

Publication: Trial
Publication Date: 01-JAN-08
Format: Online
Delivery: Immediate Online Access

Article Excerpt
In a long-sought victory for plaintiffs in auto products liability cases, the Fifth Circuit has ruled that a crash victim's state law claims against General Motors (GM) are not preempted by federal law. The unanimous opinion found that federal safety regulations do not bar a plaintiff's claims that a car manufacturer was liable for her injuries because it used tempered glass in its windows instead of a sturdier alternative, such as laminated glass. (O'Hara v. General Motors Corp., 2007 WL 4105758 (5th Cir. Nov. 20, 2007).)

"This ruling verifies everything we've been saying [about preemption in auto cases] for years," said Gerie Voss, AAJ's regulatory counsel.

And Patrick Ardis, a lawyer in Memphis who represented the O'Hara plaintiffs, said, "This is also a victory...

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