Dan’s City Used Cars, Inc. v. Pelkey

Case Details

Status: Decided
Docket No: 12-52
U.S. Chamber Litigation Center Involvement: None
Solicitor General Involvement: Respondent
Sub-Issue: Legal Reform
Industry: Consumer Goods
Sub-Industry: Auto
Term: 2012 Term
Oral Argument Date: March 20, 2013
Vote: 9-0
Opinion: Ginsburg
Lower Court: Supreme Court of New Hampshire

Question(s) 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.

Case Outcome

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.

Justices in Majority
Alito
Breyer
Ginsburg
Kagan
Kennedy
Roberts
Scalia
Sotomayor
Thomas
Procedural History

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

Case Documents