A Victory for Possible Solicitor General Candidate

Alicia Mundy reports on the FDA. The Supreme Court’s decision today that smokers can sue cigarette makers over labels that promised lower tar and nicotine is a victory not only for consumers but also for trial lawyers. And it’s a particularly victory for David Frederick of Kellogg Huber, who represented the Maine smokers who brought the case. In November, Frederick represented a plaintiff in another case before the Supreme Court, again arguing against the notion that government regulations can pre-empt the right to bring a lawsuit against a corporation. Frederick’s name has been floated for solicitor general, and he has been interviewed by members of the transition team for President-elect Barack Obama. Frederick has declined to discuss the issue, but is part of a group of lawyers on the Obama legal team looking into potential changes in regulations affecting court issues, including pre-emption. Today’s decision came in a case called Altria v. Good, involving Marlboro Lights and ... (link)