WOOD v. GENERAL MOTORS CORP.

No. 87-1750.

865 F.2d 395 (1988)

Patricia M. WOOD, et al., Plaintiffs, Appellees, v. GENERAL MOTORS CORPORATION, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided December 28, 1988.


Attorney(s) appearing for the Case

David M. Heilbron with whom Leslie G. Landau, McCutchen, Doyle, Brown & Enersen, San Francisco, Cal., Patrick F. McCartan, Cleveland, Ohio, Stephen J. Brogan, Marc L. Swartzbaugh, Jones, Day, Reavis & Pogue, Cleveland, Ohio, John P. Raleigh, Nicholas J. Wittner, Detroit, Mich., Richard P. Campbell, John A.K. Grunert, and Campbell and Associates, P.C., Boston, Mass., were on brief for defendant, appellant.

Paul M. Bator, Stephen M. Shapiro, Chicago, Ill., Kenneth S. Geller, Kathryn A. Oberly, Mayer, Brown & Platt, Washington, D.C., William H. Crabtree, and Edward P. Good, Detroit, Mich., on brief for the Product Liability Advisory Council, Inc., the Auto. Importers of America, Inc., and the Motor Vehicle Mfrgs. Ass'n of the U.S., Inc., amici curiae.

Edmund P. Daley with whom Moquin & Daley, Manchester, N.H., and Arthur H. Bryant, Trial Lawyers for Public Justice, Washington, D.C., were on brief for plaintiffs, appellees.

Larry E. Coben, Litvin, Blumberg, Matusow & Young, Philadelphia, Pa., and Eugene Pavalon, on brief for Ass'n of Trial Lawyers of America, amicus curiae.

Joshua R. Kratka, Somerville, Mass., on brief for Massachusetts Public Interest Research Group, amicus curiae.

Before CAMPBELL, Chief Judge, SELYA, Circuit Judge, and LAFFITTE, District Judge.


LEVIN H. CAMPBELL, Chief Judge.

The question before us is whether federal safety regulations preempt a state law claim, asserted in a federal diversity action, that a motor vehicle was defective because it lacked air bags.

This is an interlocutory appeal in a product liability diversity action brought in the United States District Court for the District of Massachusetts by plaintiff-appellee Patricia Wood against defendant-appellant General Motors Corporation...

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