Becker v. U.S. Marine Co.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that a federal agency’s “formal consideration and rejection of a proposed regulation will preempt state tort claims as the feature or structure considered,” but finding no history or sufficient evidence in that case to prove “explicit non-regulation” by the federal government
• \A tort claim defeats the purposes of the [FBSA] and is therefore preempted only when the duty asserted conflicts with the Coast Guard's explicit decision either to adopt a particular standard or to leave the feature or structure unregulated.\
• “A tort claim defeats the purposes of the [FBSA] and is therefore preempted only when the duty asserted conflicts with the Coast Guard’s explicit decision either to adopt a particular standard or to leave the feature or structure unregulated.”

Source: CourtListener parenthetical corpus (CC0).