Dan's City Used Cars v. Pelkey (2012)

Docket
12-52
Decided
2012-01-01

Summary

Question: Are state law claims against a tow-motor carrier based on state law regulating the sale and disposal of a towed vehicle preempted by the Federal Aviation Administration Authorization Act of 1994? Conclusion: No. Justice Ruth Bader Ginsburg delivered a unanimous opinion holding that the Federal Aviation Administration Act of 1994 does not preempt the state law because the claims are not "related to" the transportation of property. That phrase limits the scope of the preemption solely to transportation, rather than the disposal of property that occurs after the transportation, with which Pelkey's claim is concerned.

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