Sprietsma v. Mercury Marine, 537 U.S. 51, 5 (2002)

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Cite as: 537 U. S. 51 (2002)

Opinion of the Court

Petitioner filed a nine-count complaint in an Illinois court 1 seeking damages from Brunswick on state-law theories. Each count alleged that Brunswick had manufactured an unreasonably dangerous product because, among other things, the motor was not protected by a propeller guard.2 The trial court granted respondent's motion to dismiss, and the intermediate appellate court affirmed on the ground that the action was expressly pre-empted by the FBSA. 312 Ill. App. 3d 1040, 729 N. E. 2d 45 (2000). Relying on our intervening decision in Geier v. American Honda Motor Co., 529 U. S. 861 (2000), the Illinois Supreme Court rejected the appellate court's express pre-emption rationale, but affirmed on implied pre-emption grounds. 197 Ill. 2d 112, 757 N. E. 2d 75 (2001). The court's decision added to a split of authority on this precise issue arising from lawsuits against, among a few others, this particular respondent and its corporate subsidiaries.3

We granted certiorari, 534 U. S. 1112 (2002), to decide whether the FBSA pre-empts state common-law claims of

1 The complaint alleges that the Sprietsmas and the owners of the boat were residents of Illinois and that the boat had been purchased in Illinois. App. 101.

2 Id., at 100-122.

3 Compare Lewis v. Brunswick Corp., 107 F. 3d 1494 (CA11) (finding implied pre-emption under the FBSA), cert. granted, 522 U. S. 978 (1997), cert. dismissed, 523 U. S. 1113 (1998); Carstensen v. Brunswick Corp., 49 F. 3d 430 (CA8) (finding express pre-emption under the FBSA), cert. denied, 516 U. S. 866 (1995); and Ryan v. Brunswick Corp., 454 Mich. 20, 557 N. W. 2d 541 (1997) (finding express pre-emption under the FBSA), with Moore v. Brunswick Bowling & Billiards Corp., 889 S. W. 2d 246 (Tex.) (holding that federal law did not pre-empt state law in this context), cert. denied sub nom. Vivian Industrial Plastics, Inc. v. Moore, 513 U. S. 1057 (1994). See also Lady v. Neal Glaser Marine, Inc., 228 F. 3d 598 (CA5 2000) (holding that common-law claims based on the manufacturer's failure to provide a propeller guard were impliedly pre-empted by the FBSA; Outboard Marine, the successor to Neal Glaser Marine, declared bankruptcy shortly after the petition for certiorari was filed), cert. denied sub nom. Lady v. Outboard Marine Corp., 532 U. S. 941 (2001).

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