Authors

Mia Bacher

Document Type

Case Summary

Publication Date

3-2021

Case Synopsis

The Court held that plaintiffs’ strict product liability, breach of implied warranty, and deceptive trade practices claims against propofol drug manufacturers were preempted by federal law because it would have been impossible for them to comply with federal law and avoid state tort liability. The plaintiffs’ negligence claim, however, was not preempted because the manufacturers could have avoided state liability without violating of federal law.

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