· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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