State Court Remedies for Consumers: Here Today, Gone Tomorrow?

Assessing the Supreme Court Preemption Cases

Tuesday, September 9, 2008

Litigation Series CLE TeleConference

In its 2007 Term, the Supreme Court addressed two major cases concerning federal preemption of consumer remedies against manufacturers of medical devices and drugs. One case significantly expanded the scope of preemption, and the Court split 4-4 in the other. This Fall, the Court will hear two more cases with far-reaching implications for preemption of state tort remedies for consumers of defective or deceptively marketed products. The first will involve “light” cigarettes, and the other will involve prescription drugs.

This program will explain the background of the cases, their importance to litigators in pharmaceutical and tobacco cases, and their broader potential impact on the availability of state common-law remedies against manufacturers of products subject to federal regulation.

• Scott L. Nelson (Moderator)
  Public Citizen Litigation Group, Washington, DC
• Prof. Catherine M. Sharkey
  New York University School of Law, New York, NY
• Alan E. Untereiner
  Robbins, Russell, Englert, Orseck, Untereiner & Sauber LLP, Washington, DC
• Allison M. Zieve
  Public Citizen Litigation Group, Washington, DC

1.0 hours of CLE credit in 60-minute states/1.2 hours of CLE credit in 50-minute states have been requested in states accrediting ABA Teleconferences and Live Audio Webcasts*.

NY-licensed attorneys: This non-transitional CLE program has been approved for experienced NY-licensed attorneys in accordance with the requirements of the New York State CLE Board for 1.0 total NY CLE credits.

*States currently not accrediting ABA Teleconferences: DE, IN, PA, KS, OH