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SPRIETSMA v. MERCURY MARINE

No. 01-706.

537 U.S. 51 (2002)

SPRIETSMA, ADMINISTRATOR OF THE ESTATE OF SPRIETSMA, DECEASED v. MERCURY MARINE, A DIVISION OF BRUNSWICK CORP.

Supreme Court of United States.

Decided December 3, 2002.

Attorney(s) appearing for the Case

Leslie A. Brueckner argued the cause for petitioner. With her on the briefs were Arthur H. Bryant, Joseph A. Power, Jr., and Todd A. Smith.

Malcolm L. Stewart argued the cause for the United States as amicus curiae urging reversal. With him on the brief were Solicitor General Olson, Acting Assistant Attorney General Katsas, Deputy Solicitor General Kneedler, Douglas N. Letter, Michael E. Robinson, Kirk K. Van Tine, Paul M. Geier, Dale C. Andrews, Peter J. Plocki, Robert F. Duncan, and G. Alex Weller.

Stephen M. Shapiro argued the cause for respondent. With him on the brief were Steffen N. Johnson, Michael W. McConnell, Kenneth S. Geller, Timothy S. Bishop, and Daniel J. Connolly.*

STEVENS, J., delivered the opinion for a unanimous Court.

JUSTICE STEVENS delivered the opinion of the Court.

The question presented is whether a state common-law tort action seeking damages from the manufacturer of an outboard motor is pre-empted either by the enactment of the Federal Boat Safety Act of 1971, 46 U. S. C. §§ 4301-4311 (FBSA, 1971 Act, or Act), or by the decision of the Coast Guard in 1990 not to promulgate a regulation requiring propeller guards on motorboats...

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