No. 21-1447

Estate of Gabriel Miranda, Jr., et al. v. Navistar, Incorporated, et al.

Lower Court: Fifth Circuit
Docketed: 2022-05-16
Status: Denied
Type: Paid
Response Waived
Tags: emergency-exit federal-preemption legislative-history legislative-intent motor-vehicle-safety school-bus-safety state-law statutory-interpretation
Latest Conference: 2022-09-28
Question Presented (from Petition)

Does Federal Motor Vehicle Safety Standard No. 217 ("FMVSS 217") prohibit a greater level of safety by statutorily making it physically impossible for Texas common law to require an automatic in-motion lock to prevent an occupant from opening the rear emergency exit door when a school bus is traveling at highway speed?

Does the statutory language of FMVSS 217, along with its legislative history, evidence congressional intent that a "locking mechanism" functions and moves distinctly from a "release mechanism"?

Question Presented (AI Summary)

Does FMVSS 217 preempt state law safety requirements?

Docket Entries

2022-10-03
Petition DENIED.
2022-06-15
DISTRIBUTED for Conference of 9/28/2022.
2022-06-07
Waiver of right of respondents Navistar, Incorporated, et al. to respond filed.
2022-05-12
Petition for a writ of certiorari filed. (Response due June 15, 2022)
2022-04-07
Application (21A575) granted by Justice Alito extending the time to file until May 12, 2022.
2022-03-31
Application (21A575) to extend the time to file a petition for a writ of certiorari from April 12, 2022 to June 11, 2022, submitted to Justice Alito.

Attorneys

Estate of Gabriel Miranda, Jr., et al.
Thuy-Hang Thi NguyenTurley Law Firm, Petitioner
Navistar, Incorporated, et al.
Richard Anthony SheehySheehy, Ware, Pappas & Grubbs, Respondent