Congress enacts a law that sets out a medical-device approval process for the Food and Drug Administration to follow. The law includes a preemption provision. A device that goes through the process injures Joe, who files a claim under state law to recover. The court will most likely rule that
A. Joe's state law claim preempts the federal law.
B. the federal law and state law claim are concurrent.
C. the federal and state law claim cancel each other out.
D. the federal law preempts Joe's state law claim.
Answer: D
Business
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