Perhaps money is the driver. Must cost much more to go federal.
Or, time, to go state rather than federal.
It's already gone to SCOTUS, and they refused to hear it. See my #6 above.
I think another poster got it. If the case were about constitutionality or the law, then it would be federal. But apparently the case was about the sates pre-emption law, so it stayed in the states court system. Still, it is just frustrating that pre-emption can mean different things in different states, or rather be found to be a legal construct in one state, but apparently not another. Anyone know what the definition of ‘is’ is these days?