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Dan's City Used Cars, Inc. v. Pelkey
133 S. Ct. 1769
| SCOTUS | 2013
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Background

  • FAAAAs §14501(c)(1) preempts state law related to price, route, or service of a motor carrier with respect to transportation of property.
  • Pelkey sued Dan’s City in NH court for disposal of his towed car, asserting NH Consumer Protection Act violations and bailee duties.
  • NH Chapter 262 governs disposal of stored vehicles, including notices, liens, and sale procedures after towing ends.
  • Dan’s City towed Pelkey’s car in 2007, held it in storage, unaware Pelkey could reclaim due to hospital stay, then auctioned and traded the car.
  • NH Supreme Court held the storage/disposal claims are not preempted because they concern post-transportation conduct and not the transportation of property itself.
  • The Supreme Court affirmed the NH court, ruling §14501(c)(1) does not preempt damages for storage and disposal of a towed vehicle.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether FAAAA preempts storage/disposal claims Pelkey Dan’s City Not preempted
Whether storage/disposal falls within transportation or service Pelkey Dan’s City Not within transportation/service; post-transportation
Role of exceptions to preemption Pelkey Dan’s City Exceptions do not define scope; not preempted

Key Cases Cited

  • Rowe v. New Hampshire Motor Transp. Assn., 552 U.S. 364 (2008) (defined broad scope of 'related to' in preemption by reference to ADA language)
  • Morales v. Trans World Airlines, Inc., 504 U.S. 374 (1992) (broad interpretation of 'related to' preemption)
  • New York State Conference of Blue Cross & Blue Shield Plans v. Travelers Ins. Co., 514 U.S. 645 (1995) (caution against 'tenuous, remote or peripheral' preemption)
  • Lorillard Tobacco Co. v. Reilly, 533 U.S. 525 (2001) (identify expressly pre-empted domain in statutory text)
  • CSX Transp., Inc. v. Easterwood, 507 U.S. 658 (1993) (analyze statutory preemption by language and context)
  • Ours Garage & Wrecker Service, Inc. v. Columbus, 536 U.S. 424 (2002) (preemption scope and purpose in motor carrier context)
Read the full case

Case Details

Case Name: Dan's City Used Cars, Inc. v. Pelkey
Court Name: Supreme Court of the United States
Date Published: May 13, 2013
Citation: 133 S. Ct. 1769
Docket Number: 12–52.
Court Abbreviation: SCOTUS