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
Key Terms:
Arbitration CriminalProcedure JusticiabilityDoctri
Latest Conference: 2022-09-28
Question Presented (AI Summary)

Does FMVSS 217 preempt state law safety requirements?

Question Presented (from Petition)

QUESTIONS PRESENTED FOR REVIEW 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”?

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