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VARELA v. FCA US LLC

No. CV-20-0157-PR.

505 P.3d 244 (2022)

Melissa VARELA, Plaintiff/Appellant, v. FCA US LLC, et al., Defendants/Appellees.

Supreme Court of Arizona.

Filed March 1, 2022.

Attorney(s) appearing for the Case

G. Lynn Shumway , Shumway Law PLLC, Phoenix; Brent Ghelfi (argued), Ghelfi Law Group, PLLC, Phoenix; and Christopher J. Zachar , Zachar Law Firm, P.C., Phoenix, Attorneys for Melissa Varela.

Paul G. Cereghini , Travis M. Wheeler , Bowman and Brooke LLP, Phoenix; and Thomas H. Dupree, Jr. (argued), Gibson Dunn, Washington, DC, Attorneys for FCA US LLC, LVN Motors LLC, and PV Holding Corporation.

David L. Abney , Ahwatukee Legal Office, P.C., Phoenix, Attorney for Amici Curiae Arizona Association for Justice and Arizona Trial Lawyers Association.

Larry E. Coben , Anapol Weiss, Scottsdale, Attorney for Amici Curiae Center for Auto Safety and Consumers for Auto Reliability and Safety.

Patrick X. Fowler , Ashley Wiberg , Snell & Wilmer LLP, Phoenix; and Nicole A. Saharsky , Eric A. White , Mayer Brown LLP, Washington, DC, Attorneys for Amici Curiae PLAC and Alliance for Automotive Innovation.

Thomas M. Klein , Briana L. Campbell , Klein Thomas & Lee, Phoenix, Attorneys for Amicus Curiae Nissan North America, Inc.

JUSTICE MONTGOMERY authored the opinion of the Court, in which CHIEF JUSTICE BRUTINEL, VICE CHIEF JUSTICE TIMMER, and JUSTICES BOLICK, LOPEZ, and BEENE joined.

¶1 Under the Supremacy Clause of the Federal Constitution, when a state law conflicts with a properly enacted federal law, the state law is preempted. State law includes duties imposed by state tort law. Federal law includes regulations promulgated by executive agencies under authority delegated by...

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