In a decision that could be useful to defendants in highly-regulated industries that face class action claims predicated on violations of federal law, a recent Sixth Circuit opinion confirmed that implied preemption applies to state-law claims predicated on violations of the EPA’s vehicle fuel economy and emissions regulations. This decision confirms the expansion of the implied preemption defense to a new industry, and may signal further expansions in the future.
Simeon Botwinick is an associate in the Washington, DC office. He handles trademark, copyright, and patent matters, with an emphasis on counseling and litigation, and has worked with clients in the pharmaceutical, automotive, typeface, and emergency service industries. Simeon's pro bono practice focuses on legal aid direct representation.