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The Evolving Landscape of Federal Preemption in Failure to Warn Claims

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For over three decades, federal preemption of state failure to warn claims has served as a powerful defense in strict liability tort cases. Courts have consistently dismissed lawsuits challenging the adequacy of warnings for a range of products, including aerosol paints, thinners, cigarettes, medical devices, and pesticides, where federal statutes prohibit state law requirements that differ from federal mandates….
By: Segal McCambridge
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