sprietsma
administrator
estate
sprietsma
deceased
mercury
marine
division
brunswick
argued
october
decided
december
petitioner
wife
killed
boating
accident
struck
propeller
outboard
motor
manufactured
respondent
mercury
marine
division
brunswick
corporation
brunswick
subsequent
tort
action
illinois
state
petitioner
claimed
brunswick
motor
unreasonably
dangerous
among
things
protected
propeller
guard
trial
dismissed
complaint
intermediate
affirmed
finding
action
expressly
federal
boat
safety
act
fbsa
act
illinois
rejected
rationale
affirmed
implied
grounds
held
fbsa
state
claims
petitioner
pp
fbsa
enacted
improve
boating
safety
authorize
establishment
national
construction
performance
standards
boats
associated
equipment
encourage
greater
uniformity
boating
laws
regulations
among
federal
government
secretary
transportation
delegated
authority
promulgate
regulations
establishing
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safety
standards
recreational
vessels
associated
equipment
coast
guard
must
inter
alia
consult
special
national
boating
safety
advisory
council
exercising
authority
coast
guard
may
issue
exemptions
regulations
boating
safety
adversely
affected
section
act
sets
forth
express
clause
saving
clause
provides
compliance
act
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regulations
orders
prescribed
act
relieve
person
liability
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law
state
law
coast
guard
issued
first
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secretary
exempted
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laws
regulate
matters
covered
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regulations
coast
guard
since
promulgated
host
detailed
regulations
determined
inquiry
advisory
council
subcommittee
available
data
support
adoption
regulation
requiring
propeller
guards
advisory
council
recommended
specific
propeller
guard
regulations
regulations
regarding
use
recreational
boats
one
case
currently
pending
pp
fbsa
expressly
petitioner
tort
claims
section
express
clause
applies
state
local
law
regulation
naturally
read
encompassing
claims
two
reasons
first
article
implies
discreteness
present
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law
second
word
known
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keeps
gustafson
alloyd
terms
law
regulation
used
together
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congress
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clause
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number
liability
cases
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language
permits
narrow
reading
excluding
actions
see
geier
american
honda
motor
contrast
general
reference
liability
common
law
specific
detailed
description
including
exception
state
regulations
addressing
uniquely
hazardous
conditions
indicates
drafted
performance
standards
equipment
requirements
imposed
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regulation
interpretation
produce
anomalous
results
perfectly
rational
congress
claims
necessarily
perform
important
remedial
role
compensating
accident
victims
pp
coast
guard
decision
regulate
propeller
guards
also
petitioner
claims
decision
left
applicable
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guard
law
exactly
subcommittee
began
investigation
coast
guard
decision
regulate
particular
aspect
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safety
fully
consistent
intent
preserve
state
regulatory
authority
pending
adoption
specific
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standards
coast
guard
explanation
propeller
guard
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reveals
available
data
meet
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stringent
criteria
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regulation
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guard
take
step
deciding
matter
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subdivisions
impose
version
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guard
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reject
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guards
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intentional
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considered
decision
convey
authoritative
message
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policy
propeller
guards
nothing
coast
guard
recent
regulatory
activities
alters
conclusion
geier
american
honda
motor
distinguished
pp
fbsa
statutory
scheme
implicitly
petitioner
claims
act
require
coast
guard
promulgate
comprehensive
regulations
covering
every
aspect
recreational
boat
safety
design
must
coast
guard
certify
acceptability
every
recreational
boat
subject
jurisdiction
ray
atlantic
richfield
locke
distinguished
even
fbsa
interpreted
expressly
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safety
regulation
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respect
state
positive
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convey
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manifest
intent
completely
occupy
field
foreclose
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remedies
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act
express
clause
cover
claims
suggests
opposite
intent
unembellished
statement
house
report
act
establish
intent
remedies
fbsa
goal
fostering
uniformity
manufacturing
regulations
respondent
ultimately
relies
argument
important
unyielding
interest
demonstrated
coast
guard
early
grants
broad
exemptions
state
regulations
position
litigation
pp
reversed
remanded
stevens
delivered
opinion
unanimous
rex
sprietsma
administrator
estate
jeanne
sprietsma
deceased
petitioner
mercury
marine
division
brunswick
corporation
writ
certiorari
illinois
december
justice
stevens
delivered
opinion
question
presented
whether
state
tort
action
seeking
damages
manufacturer
outboard
motor
either
enactment
federal
boat
safety
act
fbsa
act
act
decision
coast
guard
promulgate
regulation
requiring
propeller
guards
motorboats
july
petitioner
wife
jeanne
sprietsma
died
result
boating
accident
inland
lake
spans
border
riding
ski
boat
equipped
outboard
motor
manufactured
respondent
mercury
marine
division
brunswick
corporation
brunswick
apparently
boat
turned
fell
overboard
struck
propeller
suffering
fatal
injuries
petitioner
filed
complaint
illinois
seeking
damages
brunswick
theories
count
alleged
brunswick
manufactured
unreasonably
dangerous
product
among
things
motor
protected
propeller
trial
granted
respondent
motion
dismiss
intermediate
appellate
affirmed
ground
action
expressly
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app
relying
intervening
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geier
american
honda
motor
illinois
rejected
appellate
express
rationale
affirmed
implied
grounds
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split
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lawsuits
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granted
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state
claims
defense
raises
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petitioner
claims
even
whether
claims
viable
matter
illinois
law
must
however
evaluate
three
distinct
theories
may
support
defense
act
expressly
claims
coast
guard
decision
regulate
propeller
guards
claims
potential
conflict
diverse
state
rules
federal
interest
uniform
system
regulation
impliedly
claims
considering
theories
review
history
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regulation
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ii
act
recent
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requirements
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directed
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transmit
boating
accident
statistics
secretary
treasury
federal
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act
stat
section
act
expressed
policy
encouraging
uniformity
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laws
insofar
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encourage
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three
provisions
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amended
codified
authorizes
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guard
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officials
responsible
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safety
programs
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equipment
manufacturers
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guard
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guard
decided
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technology
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guards
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potential
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trauma
caused
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enlarges
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ly
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simple
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existence
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feasible
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endorsed
subcommittee
recommendation
coast
guard
letter
council
chief
coast
guard
office
navigation
safety
waterway
services
agreed
available
accident
data
support
adoption
regulation
requiring
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guards
motorboats
stated
coast
guard
continue
review
information
regarding
development
testing
new
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guarding
devices
information
state
art
coast
guard
invited
public
comment
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april
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measures
ibid
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also
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coast
guard
require
manufacturers
importers
new
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vessels
feet
feet
length
propellers
aft
transom
select
install
one
several
factory
installed
propeller
injury
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methods
ibid
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guard
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recommendation
along
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addressed
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language
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two
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article
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keeps
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american
honda
motor
ompliance
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prescribed
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guard
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guard
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honda
motor
solicitor
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argued
case
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vehicle
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guard
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therefore
provides
strong
support
petitioner
submission
even
though
refusal
regulate
propeller
guards
effect
possible
statutory
scheme
whole
implicitly
claims
petitioner
enacted
exemption
carried
forward
secretary
first
federal
regulations
adopted
might
saved
existing
state
rules
effect
effective
date
act
far
rules
relate
propeller
guards
fed
even
case
think
clear
fbsa
completely
occupy
field
safety
regulation
recreational
boats
foreclose
state
remedies
ray
atlantic
richfield
considered
federal
statute
directed
secretary
transportation
determine
oil
tankers
sufficiently
safe
allowed
proceed
navigable
waters
inspection
certify
vessel
sufficiently
safe
protect
marine
environment
held
scheme
mandatory
federal
regulation
implicitly
power
state
washington
exclude
puget
sound
vessels
certified
secretary
acceptable
design
characteristics
unless
satisfy
different
higher
design
requirements
imposed
state
law
explained
locke
analysis
ray
governed
rules
rules
issue
field
reserved
federal
regulation
congress
ha
left
room
state
regulation
matters
particular
title
ii
ports
waterways
safety
act
pwsa
required
secretary
issue
rules
regulations
may
necessary
respect
design
construction
operation
covered
vessels
illinois
relied
ray
locke
find
petitioner
claims
impliedly
fbsa
unlike
title
ii
pwsa
require
coast
guard
promulgate
comprehensive
regulations
covering
every
aspect
recreational
boat
safety
design
must
coast
guard
certify
acceptability
every
recreational
boat
subject
jurisdiction
moreover
neither
title
ii
pwsa
holding
either
ray
locke
purported
possible
claims
whereas
fbsa
expressly
preserves
claims
fbsa
might
interpreted
expressly
occupying
field
respect
state
positive
laws
regulations
structure
framework
convey
clear
manifest
intent
english
general
elec
internal
quotation
marks
citations
omitted
go
even
implicitly
state
common
law
relating
boat
manufacture
rather
conclusion
act
express
clause
cover
claims
suggests
opposite
intent
see
cipollone
liggett
group
scalia
concurring
judgment
part
dissenting
part
clear
manifest
intent
sweep
away
state
common
law
established
unembellished
statement
house
report
act
preempts
field
boating
standards
regulations
statement
made
prior
amendment
containing
saving
clause
nothing
entire
report
suggests
meant
occupied
field
include
common
law
respondent
ultimately
relies
upon
one
fbsa
main
goals
fostering
uniformity
manufacturing
regulations
uniformity
undoubtedly
important
industry
statute
clause
meant
assur
manufacture
domestic
trade
involve
compliance
widely
varying
local
requirements
yet
interest
unyielding
demonstrated
coast
guard
early
grants
broad
exemptions
state
regulations
position
taken
litigation
absent
contrary
decision
coast
guard
concern
uniformity
justify
displacement
state
remedies
compensate
accident
victims
families
serve
act
prominent
objective
emphasized
title
promoting
boating
safety
judgment
illinois
reversed
case
remanded
proceedings
inconsistent
opinion
ordered
footnotes
complaint
alleges
sprietsmas
owners
boat
residents
illinois
boat
purchased
illinois
app
compare
lewis
brunswick
finding
implied
fbsa
cert
granted
cert
dismissed
carstensen
brunswick
finding
express
fbsa
cert
denied
ryan
brunswick
finding
express
fbsa
moore
brunswick
bowling
billiards
tex
holding
federal
law
state
law
context
cert
denied
sub
vivian
industrial
plastics
moore
see
also
lady
neal
glaser
marine
holding
claims
based
manufacturer
failure
provide
propeller
guard
impliedly
fbsa
outboard
marine
successor
neal
glaser
marine
declared
bankruptcy
shortly
petition
certiorari
filed
cert
denied
sub
nom
lady
outboard
marine
brunswick
asserted
federal
maritime
law
governs
case
argument
raised
waived
senate
report
act
observed
approximately
million
americans
engaged
recreational
boating
activities
every
year
nearly
persons
died
boating
accidents
preceding
period
pp
hereinafter
report
added
seems
apparent
annual
loss
life
sufficiently
alarming
proportion
federal
government
require
products
involved
built
standards
safety
commensurate
risks
associated
use
similar
federal
legislation
exists
regard
products
including
aircraft
motor
vehicles
also
safety
standards
requirements
certain
categories
larger
commercial
vessels
existed
many
years
title
provides
secretary
may
prescribe
regulations
establishing
minimum
safety
standards
recreational
vessels
associated
equipment
establishing
procedures
tests
required
measure
conformance
standards
standard
meeting
need
recreational
vessel
safety
stated
insofar
practicable
terms
performance
requiring
installation
carrying
use
associated
equipment
recreational
vessels
classes
recreational
vessels
subject
chapter
prohibiting
installation
carrying
use
associated
equipment
conform
safety
standards
established
section
prescribing
regulations
section
secretary
shall
among
things
consider
need
extent
regulations
contribute
recreational
vessel
safety
consider
relevant
available
recreational
vessel
safety
standards
statistics
data
including
public
private
research
development
testing
evaluation
compel
substantial
alteration
recreational
vessel
item
associated
equipment
existence
construction
manufacture
begun
effective
date
regulation
subject
limitation
may
require
compliance
performance
avoid
substantial
risk
personal
injury
public
secretary
considers
appropriate
relation
degree
hazard
compliance
correct
consult
national
boating
safety
advisory
council
established
section
title
considerations
referred
clauses
subsection
coast
guard
officially
reported
injuries
per
year
app
lewis
brunswick
study
members
johns
hopkins
university
injury
prevention
center
institute
injury
reduction
concluded
adjusted
underreporting
true
number
propeller
injuries
fatalities
may
closer
per
year
discussing
alternatives
cost
council
recommended
coast
guard
develop
four
specific
regulations
require
owners
propeller
driven
vessels
feet
length
longer
propellers
aft
transom
display
propeller
warning
labels
employ
emergency
switch
installed
require
manufacturers
importers
new
planing
vessels
feet
feet
length
propellers
aft
transom
select
install
one
several
factory
installed
propeller
injury
avoidance
methods
require
manufacturers
importers
new
vessels
feet
length
longer
propellers
aft
transom
select
install
one
several
factory
installed
propeller
injury
avoidance
methods
require
owners
rental
boats
propellers
aft
transom
install
either
jet
propulsion
system
propeller
guard
several
propeller
injury
avoidance
measures
fed
fbsa
imposes
civil
money
penalties
payable
well
imprisonment
willful
violations
authorize
private
damages
remedies
persons
injured
noncomplying
operators
boats
equipment
indeed
response
propeller
guard
subcommittee
recommendation
favor
educational
awareness
campaigns
coast
guard
indicated
publish
series
articles
aimed
avoiding
strike
accidents
include
topic
available
propeller
guards
app