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August 3, 2010
SC Finds Preemption Based on Regulation 205 (Car Glazing Standards)
In an opinion released yesterday, the South Carolina Supreme Court held that the "Federal Motor Vehicle Safety Standard 205 (49 C.F.R. § 571.205 (1971)) preempts a state law products liability claim premised solely on a manufacturer's choice of tempered glass for a vehicle's side windows." South Carolina thus joins West Virginia and Tennessee in finding preemption in this context.
Thanks to William Gaskill for the alert.
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