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He began by critiquing the Court's fidelity to Cipollone as unwise, and declared that the Court should "instead provide the lower courts with a clear test that advances Congress' stated goals." 111 He advocated that, instead of relying in Cipollone , the Court adopt the proximate application test and abandon the plurality's predicate duty test because it is "unworkable

However, typical insurance policies do not cover smoke damage caused by negligence

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