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· 12/3/2002

Sprietsma v. Mercury Marine

Citations

  • 537 U.S. 51
  • 123 S. Ct. 518
  • 154 L. Ed. 2d 466
  • 2002 U.S. LEXIS 9067
  • 16 Fla. L. Weekly Fed. S 13
  • 2003 A.M.C. 1
  • 71 U.S.L.W. 4009

How courts have described this case

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

  • holding that the Coast Guard’s deci sion not to regulate propeller guards did not impliedly pre empt petitioner’s tort claims
  • holding that the Coast Guard’s decision not to regulate propeller guards did not impliedly pre-empt petitioner’s tort claims
  • holding that the Federal Boat Safety Act did not preempt common law claims for failure to install propellor guards as safety equipment
  • recognizing that an agency’s refusal to regulate may be construed as a determination that no such regulation is appropriate and have preemptive force
  • concluding that the phrase “a law or regulation” does not encompass every type of law, including common law, where the remaining statutory language and structure warrant a different reading
  • stating that inclusion of express preemption provision does not bar ordinary working of \conflict” or \implied” preemption principles

Source: CourtListener parenthetical corpus (CC0).

Judges: Stevens

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.