Santiago v. Virgin Islands Housing Authority
Supreme Court of The Virgin Islands
1ConcurrenceSwan, Associate Justice
Appellant alleges several tort claims against Appellees for injuries she sustained because of the use of the chemical, Red Hot Solvent, in proximity to her home and further alleges a claim based upon Appellees’ use, labeling and distribution of the same chemical. The trial court concluded that some of Appellant’s claims were preempted by federal law. I conclude that other claims were not preempted because Appellant asserted several tort claims based on state law, such as negligence and product liability. I would reverse in part the trial court’s order and remand the case for further…
2Cases cited27 opinions
- Cort v. AshSupreme Court of the United States · 1975
- Medtronic, Inc. v. LohrSupreme Court of the United States · 1996
- Touche Ross & Co. v. RedingtonSupreme Court of the United States · 1979
- Transamerica Mortgage Advisors, Inc. v. LewisSupreme Court of the United States · 1979
- KRUPSKI v. COSTA CROCIERE S. P. ASupreme Court of the United States · 2010
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