Legal Opinion

Dawn-Marie Hawkins James E. Hawkins v. Leslie's Pool Mart, Inc

Court of Appeals for the Third Circuit

Decided July 15, 1999No. 98-5229PublishedCited by 34 opinions

1Opinion of the Court

OPINION OF THE COURT

NYGAARD, Circuit Judge.

Appellants Dawn-Marie and James Hawkins (referred to collectively as Hawkins) appeal the District Court’s summary judgment. It had concluded that Hawkins’s claims that Leslie’s Pool Mart (1) negligently failed “to provide adequate directions or precautions regarding the opening, closing and/or storage of the package containing the product” and (2) negligently failed “to package the product in a manner adequate to prevent excessive chemical decomposition, contamination, combustion, or generation of fumes and gases” were preempted by the Federal…

2Cases cited19 opinions

  1. San Diego Building Trades Council v. GarmonSupreme Court of the United States · 1959
  2. Rice v. Santa Fe Elevator Corp.Supreme Court of the United States · 1947
  3. Cipollone v. Liggett Group, Inc.Supreme Court of the United States · 1992
  4. Medtronic, Inc. v. LohrSupreme Court of the United States · 1996
  5. Ruckelshaus v. Monsanto Co.Supreme Court of the United States · 1984

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

3Cited by34 opinions

  1. In Re Asbestos Products Liability Litigation (No. VI)Court of Appeals for the Third Circuit · 2016
  2. Barbara E. Horn, of the Estate of Daniel Ray Horn, Deceased v. Thoratec CorporationCourt of Appeals for the Third Circuit · 2004
  3. Kim Netland v. Hess & Clark, Inc.Court of Appeals for the Eighth Circuit · 2002
  4. Zahl v. HarperCourt of Appeals for the Third Circuit · 2002
  5. Zahl v. HarperCourt of Appeals for the Third Circuit · 2002

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

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