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29 Nov 2007, 7:45 am
Most important of all, though, preemption is an absolute defense, entitling our clients to summary judgment (it's dangerous to raise preemption on less than a full record, as we've discussed before) and dismissal from the case - regardless of the merits of the underlying claims under state law.That's why after reading the federal government's amicus briefs in Kent and Riegel, we feel a bit like Christmas came early this year. [read post]