Legal Opinion

Vicki Lynn Drake v. Honeywell, Inc. v. Wagoner Water Heater Co., Inc.

Court of Appeals for the Eighth Circuit

Decided August 28, 1986No. 85-5179PublishedCited by 56 opinions

1Opinion of the Court

JOHN R. GIBSON, Circuit Judge.

The question presented is whether section 23(a) of the Consumer Product Safety Act, 15 U.S.C. § 2072(a) (1982), creates a private cause of action for an injury resulting from noncompliance with the product hazard reporting rules issued by the Consumer Product Safety Commission. We conclude that it does not, and therefore reverse the judgment of the district court.

I

Vicki Lynn Drake commenced this action to recover damages for personal injuries sustained in the explosion of a liquid propane gas water heater. Drake claims that the accident was caused by a design…

2Cases cited23 opinions

  1. United Mine Workers of America v. GibbsSupreme Court of the United States · 1966
  2. Skidmore v. Swift & Co.Supreme Court of the United States · 1944
  3. J. I. Case Co. v. BorakSupreme Court of the United States · 1964
  4. Church of the Holy Trinity v. United StatesSupreme Court of the United States · 1892
  5. General Electric Co. v. GilbertSupreme Court of the United States · 1976

18 more not listed; retrieve them via the Exa API.

3Cited by56 opinions

  1. Kehr Ex Rel. Kehr v. Yamaha Motor Corp., USADistrict Court, S.D. New York · 2008
  2. Iowa League of Cities v. Environmental Protection AgencyCourt of Appeals for the Eighth Circuit · 2013
  3. St. Louis Effort For AIDS v. John HuffCourt of Appeals for the Eighth Circuit · 2015
  4. Benitez-Allende v. Alcan Aluminio do Brasil, S.A.Court of Appeals for the First Circuit · 1988
  5. In re Cardiac Devices Qui Tam LitigationDistrict Court, D. Connecticut · 2004

51 more not listed; retrieve them via the Exa API.

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