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Thursday, June 11, 2009
AFJ continues to push Congress to pass the Medical Device Safety Act
This morning the Campaign to Stop Corporate Immunity held a conference call that included a campaign update, as well as a short presentation from Alliance for Justice on Judge Sotomayor’s record on preemption. Jennifer Meinig, Legislative Counsel for AFJ, shared data from AFJ’s recently released report focusing on Judge Sotomayor’s access to justice cases. Judge Sotomayor has ruled on only a few preemption cases, but has exhibited a characteristically measured approach in her rulings. The decisions reflect a rigorous analysis and Judge Sotomayor delves deep into the facts of cases reflecting the complex interplay between state and federal law. Ms. Meinig gave a few examples of cases that typify Judge Sotomayor’s rulings involving preemption including, Protection & Advocacy for Persons with Disabilities v. Kirk, 448 F.3d 119 (2d Cir. 2006), Patient Protection & Advocacy, Inc. v. Houstoun, 228 F.3d 423 (3d Cir. 2000), and Empire Healthchoice Assurance v. McVeigh, 396 F.3d 136 (2d Cir. 2005). These cases, and others, are explored in detail in the Access to Justice report.