JIM BECK REPORTS PDI/PADC AMICUS VICTORY IN GUSTAFON V. SPRINGFIELD, INC. ET AL

The Pennsylvania Supreme Court in unanimous 6-0 decision agrees with PDI/PADC position in their Amicus Brief that the 10th Amendment does not prohibit the federal government from pre-empting state tort law. Also – useful in many areas of litigation – the decision recognizes that the presumption against pre-emption has been abolished in express pre-emption cases. This is a 10th Amendment gun case.