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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.