DAN'S CITY USED CARS, INC. v. PELKEY

No. 12-52.

133 S.Ct. 1769 (2013)

185 L.Ed.2d 909

DAN'S CITY USED CARS, INC., dba Dan's City Auto Body, Petitioner v. Robert PELKEY.

Supreme Court of United States.

Decided May 13, 2013.


Attorney(s) appearing for the Case

Andre D. Bouffard , Burlington, VT, for Petitioner.

Brian C. Shaughnessy , Manchester, NH, for Respondent.

Lewis S. Yelin , for the United States as amicus curiae, by special leave of the Court, supporting the Respondent.

Andre D. Bouffard , Downs Rachlin Martin PLLC, Counsel of Record, Burlington, VT, Katherine M. Strickland , Downs Rachlin Martin PLLC, Lebanon, NH, for Petitioner.

Brian C. Shaughnessy , Kazan, Shaughnessy, Kasten & McDonald, PLLC, Counsel of Record, Manchester, NH, Adina H. Rosenbaum , Allison M. Zieve , Scott L. Nelson , Washington, DC, for Respondent.


Justice GINSBURG delivered the opinion of the Court.

This case concerns the preemptive scope of a provision of the Federal Aviation Administration Authorization Act of 1994 (FAAAA or Act) applicable to motor carriers. Codified at 49 U.S.C. § 14501(c)(1), the provision reads:

"[A] State ... may not enact or enforce a law, regulation, or other provision having the force and effect of law related to a price,...

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