Federal preemption:the sword or the shield?

Implications: Will federal preemption be used as a shield from liability for drug companies and many other entities?Is Federal protection becoming an oxymoron?

Analysis: Many people keep insisting that the potential rules behind Federal preemption are not to usurp state tort civil actions.  One wonders how this can be anything other than further from the truth.  Dennis Quaids' case is yet another example of how the drug companies may gain insurmountable ground in efforts to hide behind FDA approval. Will the voice of this high profile actor fall faint in the halls of Congress or will this hallmark voice pierce the strengthening shield?  We sometimes soon forget that the American justice system was built on each case being examined on its own merit.  Some may say that the believers of this live in a fairy tale world. What may be the real fairy tale is to believe that the Federal government always has our best interests at heart.  Maybe the Quaids' case is not the best example for arguing against federal preemption, but it is certainly yet another example of how companies will hide behind the Wizard of Oz Emerald city curtain.  Federal preemption clearly has its place, it is just not a one size fits all.  If Bush is allowed to close out his term with this swan song, then maybe we all should reread "Death of a Salesman", as the American people are being sold out.  http://www.sltrib.com/business/ci_9294715