Sprietsma v. Mercury Marine

Federal preemption appeal on behalf of man whose wife was killed when she was repeatedly struck by an unguarded boat propeller. Public Justice’s legal team included Leslie Brueckner, lead counsel; Arthur Bryant and former Public Justice attorney Michael Quirk, co-counsel; and Joseph A. Power, Jr., Todd A. Smith, and Devon C. Bruce of Chicago, all plaintiffs’ trial counsel.

Responsible Attorneys

Leslie Brueckner

Cooperating Attorneys

Michael Quirk; Joseph A. Power, Jr., Todd A. Smith, and Devon C. Bruce of Chicago

PJ Role

Lead

Case Keywords

federal preemption, leslie brueckner, arthur bryant, access to justice, sprietsma v. mercury marine

Case Status

Closed

Case Result

Won

Case Documents

Opinion of the U.S. Supreme Court

Unanimous opinion of the U.S. Supreme Court, reversing the lower court's decision and holding that the Federal Boat Safety Act does not preempt petitioner's state common-law claims against a boat engine manufacturer for failing to install a propeller guard on the engine of a recreational motor boat.

Reply Brief

Brief on the merits

Public Justice's brief on the merits to the U.S. Supreme Court in a case that presents the issue of whether common law tort claims that a boat was defectively designed because it lacked a propeller guard are preempted by federal law.

Brief amici curiae

Filed by the attorneys general of the Missouri, Arkansas, California, Connecticut, Florida, Hawaii, Indiana, Maryland, Montana, Nevada, New Hampshire, New Mexico, North Carolina, Oregon, Utah, Washington, and West Virginia in support of petitioner Rex Sprietsma.

Brief filed by Solicitor General Ted Olson for the United States as amicus curiae supporting petitioner Rex Sprietsma

Practice Areas

Federal Preemption