Dan’s City Used Cars, Inc. v. Pelkey

Term: 2012 Term
Oral Argument Date: Mar 20, 2013
Vote: 9-0
Opinion: Ginsburg
Questions Presented: 

Whether state statutory, common law negligence, and consumer protection act enforcement actions against a tow-motor carrier based on state law regulating the sale and disposal of a towed vehicle are related to a transportation service provided by the carrier and are thus preempted by §49 U.S.C. 14501-c-1.

Outcome Content: 

The Supreme Court affirmed the decision of the New Hampshire Supreme Court, holding that the Federal Aviation Administration Authorization Act (FAAAA) does not preempt a state law claim stemming from the storage and disposal of a towed vehicle.

Procedural History: 

Cert. granted 12/7/12. Decided 5/13/13.