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Federal Regulations Provide Vehicle for Tort Reform Efforts

"Manufacturers have found themselves shielded from product liability suits by a relatively new source.

With the Bush Administration blocked in its efforts to enact tort reform legislation, federal agencies have attempted to shield businesses from such suits, observers say.

...Michael D. Shumsky, a product liability defense attorney with Kirkland & Ellis LLP in Washington, said litigation ties up resources. Particularly in the drug context, product liability suits are a barrier to bringing more affordable medicines to market. 'So really, businesses and consumers alike have a strong interest in pre-emption issues,' he said."

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This article appeared in its entirety in the June 30, 2008 edition of Business Insurance.