Respuesta :
The company can be most successful when they raise the defense of the preemption. Preemption is being defined as a a way of being able to purchase goods or services by means of being able to do this before the opportunity is being shared or being offered to others or other party.
Therapeutic can raise the defense of preemption in the court for a favorable decision.
Further Explanation:
Preemption:
Preemption is a situation where the higher authority of government has the privilege to overrule the existing law made by the lower authority of government. In the USA, the federal government has the right to reduce the authority of the state and local government by overruling the laws made by the state government.
The defense raised by Therapeutic:
Therapeutic can raise the defense of preemption in the supreme court. The party injured by the product of Therapeutic has raised a case in the state court. Therapeutic can challenge the decision of the state court in the central court by raising the defense of preemption. The supreme court can challenge the authority of state law by using the provision of preemption.
Thus, Therapeutic can raise the defense of preemption in the court for a favorable decision.
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Answer details:
Grade: Senior School
Subject: Business Law
Chapter: Federal Law
Keywords: Therapeutic, corporation, makes medical, devices, that, are, subject, to, extensive, government, regulation, and, undergo, a rigorous, premarket, approval, process, In, a design, defect, product, liability, suit, against, therapeutic, by, a party, allegedly, injured, by, one, of, the, devices, the company, can, most, successfully, raise, the defense.
