Congress enacts a law that sets out a rigorous medical-device premarket approval process for the U.S. Food and Drug Administration to follow. The law includes a preemption provision. Moe is injured by a device that underwent the process and files a claim under New Hampshire state law to recover for the injury. The court will most likely rule that

Question

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When a federal law includes a preemption provision, it means that the federal law takes precedence over conflicting state laws. Therefore, in this scenario, the federal law that sets out the medical-device premarket approval process would preempt any state law claims related to the approval process. Moe's state law claim would be preempted by the federal law, and he would not be able to recover under state law.

Congress Enacts a Law That Sets Out a Rigorous Medical-Device