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JOHNSTON v. DEERE & CO.

Civil No. 96-192-P-H.

967 F.Supp. 574 (1997)

Adam JOHNSTON, a minor, by Susan JOHNSTON, his mother and next friend, and Susan Johnston and Garnett Johnston, Plaintiffs, v. DEERE & COMPANY, Defendant.

United States District Court, D. Maine.

March 25, 1997.

Attorney(s) appearing for the Case

George W. Beals, Thomas J. Quinn, Beals & Quinn, Portland, ME, for Plaintiffs.

Harold J. Friedman, Tracy D. Hill, Friedman & Babcock, Portland, ME, for Defendant.

ORDER ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT BASED ON PREEMPTION

HORNBY, Chief Judge.

When the Consumer Product Safety Commission first proposes a rule requiring a safety device and then withdraws it, does federal preemption occur under 15 U.S.C. § 2075(a) to prevent state products liability lawsuits? I conclude that the recent First Circuit Court of Appeals decision, Wilson v. Bradlees of New England, Inc., 96 F.3d 552

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