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Sprietsma Vs. Mercury Marine

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  • US Supreme Court
  • Dec 03, 2002

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51 entries 3 linked 48 unlinked
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  1. Csx Transp., Inc. Vs. Easterwood US Supreme Court · Apr 21, 1993
  2. Freightliner Corp. Vs. Myrick US Supreme Court · Apr 18, 1995
  3. Hines Vs. Davidowitz US Supreme Court · Jan 20, 1941
  4. Sprietsma v. Mercury
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  5. U.S. 51 (2002) October Term, 2002 Syllabus Sprietsma, Administrator of the Estate of Sprietsma, Deceased V. Mercury
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  6. Gustafson v. Alloyd
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  7. s language permits a narrow reading excluding common-law actions. See Geier v. American
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  8. against propeller guards, and nothing in the Coast Guard's recent regulatory activities alters this conclusion. Geier v. American
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  9. nor must the Coast Guard certify the acceptability of every recreational boat subject to its jurisdiction. Ray v. Atlantic
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  10. Richfield Co., 435 U. S. 151 , and United States v. Locke
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  11. Myers of Oregon, Mark L. Shurtleff of Utah, Christine O. Gregoire of Washington, and Darrell V. McGraw
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  12. pre-empted by the FBSA. 312 Ill. App. 3d 1040, 729 N. E. 2d 45 (2000). Relying on our intervening decision in Geier v. American
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  13. of Illinois and that the boat had been purchased in Illinois. App. 101. 2Id., at 100-122. 3 Compare Lewis v. Brunswick
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  14. Carstensen v. Brunswick
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  15. and Ryan v. Brunswick
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  16. Corp., 454 Mich. 20, 557 N. W. 2d 541 (1997) (finding express pre-emption under the FBSA), with Moore v. Brunswick
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  17. that federal law did not pre-empt state law in this context), cert. denied sub nom. Vivian Industrial Plastics, Inc. v. Moore
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  18. U. S. 1057 (1994). See also Lady v. Neal
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  19. Glaser Marine, declared bankruptcy shortly after the petition for certiorari was filed), cert. denied sub nom. Lady v. Outboard
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  20. cf. Chao v. Mallard
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  21. the Coast Guard officially reported about 100 propeller-strike injuries in the United States per year. App. in Lewis v. Brunswick
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  22. in the pre-emption clause superfluous. The Act's saving clause buttresses this conclusion. See Geier v. American
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  23. legislative regulations-necessarily perform an important remedial role in compensating accident victims. Cf. Silkwood v. KerrMcGee
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  24. either when the scope of a statute indicates that Congress intended federal law to occupy a field exclusively, English v. General
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  25. law 'stands as an obstacle to the accomplishment and execution of the full purposes and objectives of Congress.' Hines v. Davidowitz
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  26. Arkansas Elec. Cooperative Corp. v. Arkansas
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  27. see also Bethlehem Steel Co. v. New
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  28. a sharp contrast to the decision of the Secretary of Transportation that was given pre-emptive effect in Geier v. American
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  29. having any preemptive effect. Our reasoning in Geier therefore provides strong support for petitioner's submission. v Even
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  30. occupy the field of safety regulation of recreational boats as to foreclose state common-law remedies. In Ray v. Atlantic
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  31. Id., at 165. As we explained in United States v. Locke
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  32. intent, English v. General
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  33. the Act's express pre-emption clause does not cover common-law claims suggests the opposite intent. See Ci pollone v. Liggett
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  34. Syllabus Sprietsma, Administrator of the Estate of Sprietsma, Deceased V. Mercury
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  35. See Geier v. American
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  36. Geier v. American
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  37. Ray v. Atlantic
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  38. and United States v. Locke
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  39. Compare Lewis v. Brunswick
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  40. Moore v. Brunswick
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  41. Vivian Industrial Plastics, Inc. v. Moore
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  42. Lady v. Neal
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  43. Lady v. Outboard
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  44. Chao v. Mallard
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  45. Lewis v. Brunswick
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  46. Cf. Silkwood v. KerrMcGee
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  47. English v. General
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  48. of Congress.' Hines v. Davidowitz
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  49. Bethlehem Steel Co. v. New
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  50. In Ray v. Atlantic
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