MOTOR VEHICLE MFRS. ASS'N OF U.S., INC. v. ABRAMS

No. 886, Docket 89-7971.

899 F.2d 1315 (1990)

MOTOR VEHICLE MANUFACTURERS ASSOCIATION OF the UNITED STATES, INC., and Automobile Importers of America, Inc., Plaintiffs-Appellees, v. Robert ABRAMS, Attorney General of the State of New York, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided March 26, 1990.


Attorney(s) appearing for the Case

Jane M. Azia, New York City, Asst. Atty. Gen. of the State of N.Y. (Robert Abrams, Atty. Gen., of the State of N.Y., John W. Corwin, Asst. Atty. Gen. in Charge, Bureau of Consumer Frauds and Protection, Mary Hilgeman, Harvey M. Berman, Asst. Attys. Gen., of counsel), for defendant-appellant.

William R. Stein, New York City (Hughes Hubbard & Reed, New York City and Washington, D.C., William R. Maguire, David B. Madoff, of counsel), for plaintiffs-appellees.

John C. Lamb, Jeff B. Marschner, Richard A. Elbrecht, Mary-Alice Coleman, Legal Services Unit, Div. of Legal Affairs, California Dept. of Consumer Affairs, Sacramento, Cal., of counsel, for Michael A. Kelley, Director of Dept. of Consumer Affairs for the State of Cal., as amicus curiae.

John S. Smith, III, Governor's Office of Consumer Affairs, Atlanta, Ga., for the Nat. Ass'n of Consumer Agency Administrators, Washington, D.C., as amicus curiae.

Hubert H. Humphrey, III, Atty. Gen. of the State of Minn., D. Douglas Blanke, Asst. Atty. Gen., Tracy Smith, Sp. Asst. Atty. Gen., of counsel, for States of Minn., Conn., Fla., Ind. and Ohio, as amicus curiae.

Before FEINBERG, CARDAMONE and MINER, Circuit Judges.


FEINBERG, Circuit Judge:

In this appeal, we again face the increasingly complex problem of applying preemption doctrine. Defendant Robert Abrams, Attorney General of the State of New York, appeals from a judgment of the United States District Court for the Southern District of New York, Leonard B. Sand, J., holding certain amendments to New York's automobile "Lemon Law," in particular, GBL §§ 198-a(g), (h) and (m), preempted under the Supremacy Clause of...

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