Tuesday, November 3, 2015

Merrick, et al. v. Diageo Americas Supply

<> Merrick, et al. v. Diageo Americas Supply - 11/2/15. In the U.S. Court of Appeals, Sixth Circuit, Case No. 14-6198. This interlocutory appeal concerns whether the federal Clean Air Act preempts common law claims brought against an emitter based on the law of the state in which the emitter operates. The Appeals Court ruled, "The Clean Air Act's text makes clear that the Act does not preempt such claims. This conclusion is further supported by the Act's structure and history, together with relevant Supreme Court precedents."

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