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Thursday, February 16, 2006
Law - Federal agencies try to limit suits in state courts
On January 19th the ILB posted an entry titled "Law - FDA Tries to Limit Drug Suits in State Courts." One of the articles referenced was from the Washington Post, headlined "FDA Tries to Limit Drug Suits in State Courts: Agency's 'Federal Preemption' Policy Included in Labeling Guidelines for Medications."
Today the Post has another story, headlined "Rules Would Limit Lawsuits: U.S. Agencies Seek To Preempt States." This story barely mentions the FDA effort, but cites other agency examples:
The Bush administration is using federal rulemaking to limit consumer rights to seek damages under state laws governing faulty products.The Consumer Product Safety Commission will vote today on a rule that would restrict such suits in the case of mattresses that catch fire, the most recent rule changes undertaken by several agencies. Last month, the Food and Drug Administration limited consumers' ability to recover damages for injuries from agency-approved drugs.
Meanwhile, the National Highway Traffic and Safety Administration is seeking to give automakers similar legal immunity from lawsuits over defective roofs if their vehicles meet new roof-crush standards. It is also proposing to limit consumer lawsuits in a rule that would address seat-belt requirements.
Administration officials say they are simply writing into rules a long-standing policy previously voiced in many friend-of-the-court briefs filed in lawsuits. The FDA, for example, has intervened in a number of consumer cases filed under state laws against makers of drugs and medical devices, saying the companies should be protected from state laws because they followed federal rules. NHTSA has argued in several cases against carmakers that its safety rules preempt state rules and tort claims.
"Having a single federal standard is the best way to guarantee safety," said Brian Turmail, spokesman for the Transportation Department.
White House officials said preemption provisions proposed by different federal agencies do not reflect a concerted administrative policy. Decisions about federal preemption "are made agency-by-agency and rule-by-rule," said Alex Conant, spokesman for the Office of Management and Budget. "Under the Constitution, federal laws take priority over inconsistent state laws."
Consumer advocates and trial lawyers say the threat of consumer lawsuits has prompted manufacturers to continually develop safer products that far exceed federal standards.
Posted by Marcia Oddi on February 16, 2006 10:25 AM
Posted to General Law Related