· 4/18/2008
Bic Pen Corp. v. Carter Ex Rel. Carter
Citations
- 251 S.W.3d 500
- 51 Tex. Sup. Ct. J. 783
- 2008 Tex. LEXIS 412
- 2008 WL 1765550
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that “state law is impliedly preempted if it 'actually conflicts with federal law or regulations,' because ... state law obstructs accomplishing and executing Congress’ full purposes and objectives”
- holding that “state law is impliedly preempted if it ‘actually conflicts with federal law or regulations,’ because . . . state law obstructs accomplishing and executing Congress’ full purposes and objectives”
- holding that A state law is impliedly preempted if it > actually conflicts with federal law or regulations, = because . . . state law obstructs accomplishing and executing Congress = full purposes and objectives @
- observing under the Supremacy Clause “when a state law conflicts with federal law, it is preempted and has no effect.”
- applying Geier- type analysis in review of extensive regulatory scheme for child-resistant cigarette lighters similar to that in Geier and holding the design-defect claim relating to cigarette lighter was impliedly preempted
- “The [CPSC] specifically noted that a higher ( [ninety] percent
Source: CourtListener parenthetical corpus (CC0).
Judges: Medina, Jefferson, Hecht, O'Neill, Wainwright, Brister, Johnson, Willett, Green
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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