The case requires the high court to determine whether the motor vehicle safety standards established by the federal government effectively preempt a products liability claim under state tort law.

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Mazda presents one of the most contentious issues in tort law today: Whether jurors applying state-law concepts of liability can essentially write their own safety regulations for manufacturers.

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Thus, as the Court announced the dawn of corporate criminal liability in Americawith an embrace of tort law, it simultaneously signaled to generations of prosecutors that arguments of necessity and public policy would, in the realm of corporate crime at least, carry great sway.

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Now the Third Circuit Court of Appeals has ruled that a Pennsylvania judge was correct in allowing jurors to consider that evidence. (Thanks Abnormal Use for the tip.) The decision is interesting because it discusses not only the logical tension embedded in much modern products-liability law but the intellectual calisthenics federal judges must engage in when hearing a case based on state tort law.

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