Lady v. Neal Glaser Marine, Inc.
Court of Appeals for the Fifth Circuit
1Opinion of the Court
GARWOOD, Circuit Judge:
Plaintiff-appellant Steven G. Lady (Lady) filed this suit in Mississippi state court against defendant-appellee Outboard Marine Corporation (OMC), seeking recovery for losses he sustained in a boating accident. OMC removed the case to federal court on the basis of diversity jurisdiction. Following removal, OMC filed a motion for summary judgment, arguing that the Federal Boat Safety Act, 46 U.S.C. §§ 4301-4311 (FBSA), and Coast Guard regulatory action preempted Lady’s state-law tort claims. By the consent of both parties, the action was referred to a Magistrate Judge…
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