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3 Federal Preemption >Supremacy Clause of the U.S. Constitution â establishes that the U.S. Constitution and federal law generally has precedence over state law. >Courts recognize three types: > Express Preemption â when the language of the federal statute reveals an express congressional intent to preempt state laws. > Field Preemption â when the federal scheme of regulation is so pervasive that Congress must have intended to leave no room for the state to supplement. > Conflict Preemption â when compliance with both federal and state law is impossible or when the state law acts as an obstacle to what Congress intended.
Federal Preemption of State Product Liability Law. For the most part, product liability law is governed by state law. Occasionally, the federal government will move to preempt an entire area of product liability law from state control in order to protect a certain group of manufacturers.