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27 Sep 2007, 11:38 am
Plaintiffs' Legal Committee, 531 U.S. 341 (2001) - but rather a chance to keep the plaintiffs from reducing the Buckman decision to a meaningless formality.Rather, the chief opportunity we see for defendants is that the Supreme Court might finally address how the "presumption against preemption" applies - if at all - in a situation involving implied conflict preemption.To understand what's at issue in Kent first requires review of what was decided in Buckman itself. [read post]
27 Jun 2007, 9:41 am
Verret & Chief Justice Myron T. [read post]