Mich Ct App holds that absolute FDA approval defense in product l ...

[Frank Cross]

David Bernstein suggested:

There have been many bizarre rulings striking down various tort reform laws
on state constitutional grounds, most of which can be explained by the fact
that the laws were passed by Republican legislatures and considered by
Democratic justices.

A student of mine did a researchproject on state supreme court rulings on
damages caps and found that 53% of Democracts found constitutional
violations, with 38% of Republicans doing so.  This was weak confirmation
of the hypothesis, given the relatively small sample size.  More
interesting to me was the theories they employed.  Dems were likely to
strike down the laws under equal protection or a constitutional right to a
remedy or as illegal special legislation, while Reps were more likely to
find that they violated the right to jury trial or due process.

Frank Cross
Herbert D. Kelleher Centennial Professor of Business Law
CBA 5.202
University of Texas at Austin
Austin, TX 78712