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ARTICLE · 07 JUNE 2002

Supreme Court Docket Report - 2001 Term, Number 8 / January 22, 2002

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United StatesLitigation, Mediation & Arbitration

Co-authored by Ms Miriam R. Nemetz & Mr Andrew H. Schapiro

The Supreme Court granted certiorari in four cases of potential interest to the business community, two of which have been consolidated.

1. Federal Preemption—Products Liability.

The Federal Boat Safety Act of 1971 ("FBSA"), 46 U.S.C. § 4301 et seq., preempts state laws and regulations not identical to regulations prescribed under the Act. 46 U.S.C. § 4306. The FBSA also contains a savings clause, which provides that compliance with regulations prescribed under the Act does not relieve a person from liability at common law or under state law. The Supreme Court granted certiorari in Sprietsma v. Mercury Marine, No. 01-706, to determine whether the FBSA preempts state-law products liability and wrongful death actions based on a theory that a boat without a propeller guard is defectively designed.

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