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STATE OF NY. EX REL. KEVIN GRUPP v. DHL EXPRESS

No. 71.

19 N.Y.3d 278 (2012)

970 N.E.2d 391

2012 NY Slip Op 3229

STATE OF NEW YORK ex rel. KEVIN GRUPP et al., Appellants, v. DHL EXPRESS (USA), INC., et al., Respondents.

Court of Appeals of New York.

Decided April 26, 2012.

Attorney(s) appearing for the Case

Hodgson Russ LLP, Buffalo ( Daniel C. Oliverio and John L. Sinatra, Jr. , of counsel), for appellants.

Dechert LLP ( Edwin V. Woodsome, Jr. , of the California bar, admitted pro hac vice, of counsel), and Dechert LLP, New York City ( Joseph F. Donley of counsel), for respondents.

Chief Judge LIPPMAN and Judges GRAFFEO, READ and SMITH concur with Judge JONES; Judge PIGOTT dissents in a separate opinion in which Judge CIPARICK concurs.

OPINION OF THE COURT

JONES, J.

In this qui tam action, this Court is asked to consider whether plaintiffs' claims on behalf of the State of New York, pursuant to the New York False Claims Act (FCA) (State Finance Law § 187 et seq.), are federally preempted by the Airline Deregulation Act of 1978 (ADA) (49 USC § 41713 [b] [1]) and the Federal Aviation Administration Authorization Act (FAAAA...

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