Article

Supremacy Clause Still Reigns

A plaintiff's wrongful death complaint against the manufacturer of a boat motor was properly dismissed under Section 2-619, because the claim is impliedly preempted by the Federal Boat Safety Act under the Supremacy Clause of the U.S. Constitution. The Coast Guard, in administering the statute, considered and expressly rejected the requirement to install propeller guards. Sprietsma v. Mercury Marine, No. 89492, 2001 WL 947062 (1st Dist. Aug. 16, 2001).