Fellner v. Tri-Union Seafoods, L.L.C.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• explaining that, “because the States are independent sovereigns . . . we have long presumed that Congress does not cavalierly pre-empt state-law causes of action” (citation omitted)
• addressing the preemptive effect of a letter from the FDA Commissioner
• “[I]t is hard to imagine a field more squarely within the realm of traditional state regulation than a state tort-like action seeking damages for an alleged failure to warn consumers of dangers arising from the use of a product.”
• \We decline to afford preemptive effect to less formal measures lacking the fairness and deliberation which would suggest that Congress intended the agency's action to be a binding and exclusive application of state law.\

Source: CourtListener parenthetical corpus (CC0).