Us Supreme Court Court December 2002 Judgments
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Borden Ranch Partnership Vs. Army Corps of Engineers
Court: US Supreme Court
Decided on: Dec-10-2002
Borden Ranch Partnership v. Army Corps of Engineers - 537 U.S. 99 (2002) OCTOBER TERM, 2002 Syllabus BORDEN RANCH PARTNERSHIP ET AL. v. UNITED STATES ARMY CORPS OF ENGINEERS ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT No. 01-1243. Argued December 10, 2002-Decided December 16,2002 261 F.3d 810 , affirmed by an equally divided Court. Timothy S. Bishop argued the cause for petitioners. With him on the briefs were Arthur F. Coon, Kyriakos Tsakopoulos, and Edmund L. Regalia. Jeffrey P. Minear argued the cause for respondents. With him on the brief were Solicitor General Olson, Assistant Attorney General Sansonetti, Deputy Solicitor General Wallace, David C. Shilton, and Sylvia Quast.* *Briefs of amici curiae urging reversal were filed for the State of Alabama et al. by William H. Pryor, Jr., Attorney General of Alabama, Nathan A. Forrester, Solicitor General, and Alyce S. Robertson, Deputy Solicitor General, and by the Attorneys...
Sprietsma Vs. Mercury Marine
Court: US Supreme Court
Decided on: Dec-03-2002
Sprietsma v. Mercury Marine - 537 U.S. 51 (2002) OCTOBER TERM, 2002 Syllabus SPRIETSMA, ADMINISTRATOR OF THE ESTATE OF SPRIETSMA, DECEASED v. MERCURY MARINE, A DIVISION OF BRUNSWICK CORP. CERTIORARI TO THE SUPREME COURT OF ILLINOIS No. 01-706. Argued October 15, 2002-Decided December 3, 2002 Petitioner's wife was killed in a boating accident when she was struck by the propeller of an outboard motor manufactured by respondent, Mercury Marine, a division of Brunswick Corporation (Brunswick). In his subsequent common-law tort action in Illinois state court, petitioner claimed that Brunswick's motor was unreasonably dangerous because, among other things, it was not protected by a propeller guard. The trial court dismissed the complaint, and the intermediate court affirmed, finding the action expressly pre-empted by the Federal Boat Safety Act of 1971 (FBSA or Act). The Illinois Supreme Court rejected that rationale, but affirmed on implied pre-emption grounds. Held: The FBSA doe...
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