This Note will recount the general law of federal preemption and its recent developments. Next, it will describe the Jenkins case, the facts leading to the litigation, the prior procedure in the lower courts, and the Ohio Supreme Court's reasoning in the opinion. Lastly, this Note will critically evaluate the court's new argument supporting the preservation of state tort claims in light of familiar principles of statutory construction.
Scislowski, Richard J.
"Jenkins v. James B. Day & Co.: A New Defense of State Tort Law Against Federal Preemption - Is It Legitimate?,"
Akron Law Review: Vol. 28
, Article 9.
Available at: http://ideaexchange.uakron.edu/akronlawreview/vol28/iss2/9