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Ellis Speaks on Federal Preemption

Posted November 16, 2010 in News

In September 2010, Owen Gleaton partner, Philippa Ellis, spoke at American Conference Institute's 3rd National Advanced Forum on Automotive Product Liability Litigation on the topic "Tackling the Preemption Issue: Examining the Viability of the Defense in Auto Product Liability Cases," with co-panelists Nicholas Wittner (former Assistant General Counsel, Nissan North America) and David M. Rice (Partner, Carroll, Burdick & McDonough LLP).  The panel addressed how to successfully argue that an auto product liability case is preempted by the FMVSS, NHTSA regulations preempting the field by their inclusion of an express preemption provision in the Proposed Rule for FMVSS and the impact of this on the viability of the defense, how to look to the relevant NTMVSA and FMVSS language in determining whether there is a strong argument that common law claims are preempted, and the Williamson v. Mazda litigation.