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: Maryland Injury Lawyer Blog

Seat Belt Lawsuit Likely to End in Draw

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The U.S. Supreme Court will likely deadlock 4-4 in a seat belt design defect wrongful death lawsuit against where Mazda is arguing that Plaintiff's claim is preempted by federal law. The seat belt at issue is a lap-only seat belt, which I think sounds defective on its face by most of us. Mazda does not make them anymore. Neither does anyone else.

A tie is a win for Mazda because it won the case below. Justice Elena Kagan is sitting this one out because, as Solicitor General, she urged the Supreme Court to consider the case. I'm sure she will consider the facts anew when she gets a crack at this in a different context, but is there any real doubt about how Justice Kagan is going to rule on this?

Full post as published by Maryland Injury Lawyer Blog on November 19, 2010 (boomark / email).

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