117
Adopted as Revised
Tort Law Preemption Issues
ADOPTED AS REVISED
BE IT RESOLVED, that the American Bar Association recommends that: RESOLVED, That the American Bar Association urges Congress to address foreseeable preemption issues clearly and explicitly when it enacts a statute that has the potential to displace, supplement, or otherwise affect state tort law by: (1) clearly and explicitly stating when it intends to preempt state tort law; and, (2) clearly and explicitly setting forth the extent of the preemption of state tort law it intends, and the extent to which, through a savings clause or other means, it intends not to preempt state tort law or related common law duties. …
ADOPTED AS REVISED
BE IT RESOLVED, that the American Bar Association recommends that: RESOLVED, That the American Bar Association urges Congress to address foreseeable preemption issues clearly and explicitly when it enacts a statute that has the potential to displace, supplement, or otherwise affect state tort law by: (1) clearly and explicitly stating when it intends to preempt state tort law; and, (2) clearly and explicitly setting forth the extent of the preemption of state tort law it intends, and the extent to which, through a savings clause or other means, it intends not to preempt state tort law or related common law duties. …
