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Does the Federal Boat Safety Act Preempt State Common-Law Tort Claims?

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Does the Federal Boat Safety Act Preempt State Common-Law Tort Claims?

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Sprietsma v. Mercury Marine Docket No. 01-0706 From: The Illinois Supreme Court Case at a Glance The Federal Boat Safety Act of 1971 authorizes the Secretary of Transportation to promulgate safety standards for recreational boats. The secretary delegated this regulatory authority to the United States Coast Guard, which decided not to require engine propeller guards. After Rex Sprietsma’s wife died in a boating accident, he filed a wrongful death action against the manufacturer for failing to install propeller guards. The Supreme Court will decide whether the Coast Guard’s decision not to require propeller guards preempts Sprietsma’s state common-law suit. • Previewed by Ralph C. Anzivino, a professor of law at Marquette University Law School in Milwaukee.

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