Bates v. Dow Agrosciences: Will the Lower Courts Finally Start Listening?
By Daniel Mosteller and Brian Wolfman, formerly of Public Citizen Litigation Group
Daniel Mosteller and Brian Wolfman discuss the background of the Bates decision and predict its effects, in light of the lower courts’ recent tendency to rule in favor of defendants in tort preemption cases. This article was published in Bureau of National Affairs’s Product Safety & Liability Reporter.