Air bag ruling ruptures the pre-emption barrier: New Hampshire's high court says auto safety lawsuit can go to trial

Article Abstract:

The New Hampshire Supreme Court has become the first state high court to rule in favor of plaintiffs in an air bag case, and the first appeals court to apply the US Supreme Court's 1992 ruling in Cipollone v. Liggett Group. That decision held federal pre-emption of state laws can occur only with express intent by Congress. Examining the National Traffic and Motor Vehicle Safety Act of 1966, the court found that common-law liability persists, making Ford potentially liable for not using air bags in a car, when federal law did not demand them.

Automobiles, New Hampshire

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Courts nixing class actions; tobacco ruling part of circuit trend to decertify

Article Abstract:

The US circuit courts of appeals are looking askance at the class action as a way of securing a remedy in products liability cases in which many people have used a product over any time period. Decertification of classes has occurred in the cases of In re Rhone-Poulenc Rorer, Inc., In re American Medical Systems, Inc., Georgine v. Amchem Products, Inc. and Castano v. American Tobacco Co. The courts seem to be reaffirming that the class action has gone too far with mass products liability actions.

Class actions (Civil procedure), Class action lawsuits, Personal injuries, Tobacco industry

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Cipollone said to spur settlement; but lawyers disagree

Article Abstract:

Federal judges in Thomas v Ford Motor Co, in Aug 1992, declined to accept preemption as a complete defense for non-provision of air bags and the case was settled. This validated plaintiffs attorney predictions that the preemption decision in Cipollone v Liggett Group could impact other product liability cases in which federal preemption of state legislation is an issue.

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