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Date Decision
December 15, 2008
Date Argument
October 06, 2008
Decision Type
opinion of the court (orally argued)
Citations
555 U.S. 70 129 S. Ct. 538 2008 U.S. LEXIS 9127
172 L. Ed. 2d 398
Docket
07-562
Lower Court Detail
Court in which Case Originated
Maine U.S. District Court
Court whose Decision was Reviewed
U.S. Court of Appeals, First Circuit
Petitioner
drug manufacturer
Respondent
physically injured person, including wrongful death, who is not an employee
Vote Detail
Issue/Legal Provision (1 of 2)
FEDERALISM
Federal Pre-emption Of State Legislation Or Regulation. Cf. State Regulation Of Business. Rarely Involves Union Activity. Does Not Involve Constitutional Interpretation Unless The Court Says It Does.
INFREQUENTLY LITIGATED STATUTES
Infrequently litigated statutes
Vote Coalition
5 - 4
Decision Direction
Conservative
Justice Votes
voted with majority or plurality
Stevens
Kennedy
Souter
Ginsburg
Breyer
dissent
Scalia
Thomas
Roberts
Alito
Issue/Legal Provision (2 of 2)
ECONOMIC ACTIVITY
State Or Local Government Regulation, Especially Of Business (cf. Federal Pre-emption Of State Court Jurisdiction, Federal Pre-emption Of State Legislation Or Regulation)
