Question

Congress sets out a medical-device approval process for the Food and Drug Administration. The law includes a preemption provision. A device that goes through the process injures Eric, who sues under state law to recover. The court will most likely rule that

a. The federal and state law claims are concurrent
b. Eric's state law claim preempts the federal law
c. The federal law preempts Eric's state law claim

Answer 1

The court will most likely rule that federal law preempts Eric's state law claim, based on the Supremacy Clause and the preemption provision included in the medical-device approval process governed by the FDA.

Step-by-step explanation:

Whether Eric's state law claim is preempted by federal law depends on the interpretation of the preemption provision included in the federal statute. The Supremacy Clause in Article VI of the U.S. Constitution establishes that federal law supersedes conflicting state law when the federal government is acting within its constitutional authority.

Therefore, if the medical-device approval process set by Congress through the Food and Drug Administration (FDA) includes a preemption provision, it is most likely meant to prevent conflicting state regulations or lawsuits that could undermine FDA regulations and the federal approval process.