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On May 13, 2013 the Supreme Court announced its decision in Dan’s City Used Cars v. Pelkey. The question in this case was whether claims filed under state law regarding the storage and sale of a towed vehicle were preempted by the Federal Aviation Administration Authorization Act of 1994 (FAAAA) which supersedes state laws “related to a price, route, or service of any motor carrier . . . with respect to the transportation of property.”

In an opinion delivered by Justice Ginsburg, the Court held unanimously that state-law claims stemming from the storage and disposal of a car--once towing has ended--are not sufficiently connected to a motor carrier’s service with respect to the transportation of property to warrant preemption under section 14501(c)(1) of the FAAAA. The judgment of the New Hampshire Supreme Court was therefore affirmed.

To discuss the case, we have Greg Dickinson, who is an associate at Harris Beach, LLP.

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