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DASHI v. NISSAN NORTH AMERICA, INC.

No. 1 CA-CV 18-0389.

445 P.3d 13 (2019)

Antea DASHI, Plaintiff/Appellant, v. NISSAN NORTH AMERICA, INC., et al., Defendants/Appellees.

Court of Appeals of Arizona, Division 1.

FILED June 13, 2019.

Attorney(s) appearing for the Case

Shumway Law, PLLC, Phoenix, By G. Lynn Shumway , Co-Counsel for Plaintiff/Appellant.

Ghelfi Law Group, PLLC, Phoenix, By Brent Ghelfi , Co-Counsel for Plaintiff/Appellant.

Klein Thomas, Phoenix, By Paul R. Lee , Thomas M. Klein , Briana Campbell , Counsel for Defendants/Appellees.

The Center for Auto Safety, The Attorneys Information Exchange Group, By Larry E. Coben , Counsel for Amici Curiae.

Presiding Judge David D. Weinzweig delivered the opinion of the Court, in which Judge Kent E. Cattani and Judge James P. Beene joined.

OPINION

¶1 The Supremacy Clause of the United States Constitution bars a state common-law tort claim under the doctrine of implied preemption when it presents an obstacle to the purposes and objectives of a federal law or regulation. A federal agency may trigger implied obstacle preemption when it refuses to set...

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