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Motor Vehicle Cases and Preemption

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• Buzzard v. Roadrunner Trucking, Inc., 11 PLLR 157 (Oct. 1992) (plaintiff’s appellate brief in a case holding compliance with a federal safety standard does not preempt a common law action alleging inadequate lighting and reflective devices on a trailer). No. PL393.

• Pokorny v. Ford Motor Co., 11 PLLR 116 (July 1992) (plaintiff’s appellate brief arguing the federal motor vehicle safety law does not preempt a state tort law claim for lack of safety features). No. PL248.

• Swope v. STI Transit Co., 11 PLLR 158 (Oct. 1992) (plaintiffs’ memorandum opposing summary judgment in a case holding compliance with a federal safety standard does not preempt a claim for lack of additional safety features on a truck trailer). No. PL371.

• Amrhein v. Quaker Oats Co., 10 PLLR 86 (June 1991) (plaintiff’s motion to remand and supporting memoranda arguing the federal motor vehicle safety law does not create an exclusive federal forum for child car seat products liability actions). No. PL274.

• Gingold v. Audi-NSU-Auto Union, A.G., 9 PLLR 25 (Mar. 1990) (plaintiff’s briefs arguing the National Traffic and Motor Vehicle Safety Act does not preempt state tort claims for lack of air bags). No. PL190.

• Godard v. Calhoun, 11 PLLR 52 (Apr. 1992) (the parties’ memoranda regarding preemption in a case holding lack-of-passive-restraint claims are not barred by the federal motor vehicle safety law). No. PL355.

• Myrick v. Freuhauf Corp., 13 PLLR 85 (June 1994) (the parties’ and amicus curiae briefs in a case holding federal law does not preempt state claims for failure to install anti-lock brakes on tractor trailers). No. PL504.

• Nelson v. Ford Motor Co., 15 PLLR 51 (Apr. 1996) (the parties’ appellate briefs in a case holding that the NTMVSA does not preempt state law tort claims alleging liability for lack of air bags). No. PL627.

• Tebbetts v. Ford Motor Co., 14 PLLR 173 (Nov. 1995) (the parties’ state high court briefs and briefs supporting and opposing U.S. Supreme Court review in a case holding the NTMVSA does not preempt a claim for lack of air bags). No. PL604.

• Wilson v. Pleasant, 15 PLLR 29 (Mar. 1996) (plaintiffs’ briefs, an amicus brief, and defendant’s briefs responding to amicus curiae and opposing state supreme court review in a case holding the NTMVSA does not preempt a claim for lack of air bags). No. PL622.

• Winkelman v. Strick Corp., 12 PLLR 168 (Nov. 1993) (the parties’ summary judgment memoranda and the trial court’s unpublished opinions denying defendants summary judgment on their claim the NTMVSA preempts an action for lack of underride protection where the government had rejected proposals to modify existing regulations governing rear-end guards on tractor trailers). No. PL468.