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BUONO v. TYCO FIRE PRODUCTS, LP

No. 22-754 August Term 2022.

78 F.4th 490 (2023)

Franklin BUONO, Plaintiff-Appellant, v. TYCO FIRE PRODUCTS, LP, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: August 24, 2023.

Attorney(s) appearing for the Case

Marie DuSault ( Kenneth Fromson , on the brief), Finkelstein & Partners, LLP, Newburgh, NY, for Plaintiff-Appellant Franklin Buono.

James Kirkpatrick ( Daniel Whiteley , on the brief), Williams & Connolly LLP, Washington, DC, for Defendant-Appellee Tyco Fire Products, LP.

Before: Wesley, Park, and Pérez, Circuit Judges.

Franklin Buono was severely injured at work when a tank filled with compressed air exploded. Buono brought common-law claims for strict liability and negligence against Tyco Fire Products, LP ("Tyco"), which sold the tank to Buono's employer. Tyco moved for summary judgment, arguing that Buono's claims are preempted under the...

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