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U.S. Supreme Court to Hear Airbag Preemption Case

TLPJ to Argue Against Preemption

For Immediate Release: December 2, 1999
For More Information Contact: Theresa Henige, TLPJ, 202-797-8600
Reply Brief to the U.S. Supreme Court
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The United States Supreme Court on Tuesday, December 7, 1999, will hear argument on whether injured crash victims can sue auto manufacturers for failing to install airbags in their cars. Trial Lawyers for Public Justice (TLPJ) represents a young woman who was seriously injured in a 1987 Honda that lacked an airbag. The Supreme Court will review the U.S. Court of Appeals for the D.C. Circuit's ruling in Geier v. American Honda Motor Company, Inc., that the National Traffic and Motor Vehicle Safety Act of 1966 impliedly preempts a "no-airbag" claim. TLPJ contends the ruling is wrong.

TLPJ Executive Director Arthur H. Bryant will present argument urging the court to rule against preemption. "The National Traffic and Motor Vehicle Safety Act of 1966 unequivocally states that ‘compliance with any Federal Motor Vehicle Safety Standard does not exempt any person from any liability under common law.' The D.C. Circuit, however, held precisely the opposite," said Bryant. "The Supreme Court should make clear that Congress' words mean what they say."


Oral argument is scheduled to begin at 11 a.m.

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