Dan’s City Used Cars, Inc., Dba Dan’s City Auto Body, Petitioner v. Robert Pelkey (569 U.S. 251)
U.S. Supreme Court · decided May 13, 2013 · Supreme Court Database (Spaeth)
- Citation
- 569 U.S. 251 · 133 S. Ct. 1769
- Docket
- No. 12-52
- Argued
- March 20, 2013
- Decided
- May 13, 2013
- Term
- October Term 2012
- Vote
- 9–0
- Majority author
- Justice Ginsburg
- Issue area
- Federalism
- Disposition
- Affirmed
- Outcome
- Petitioning party lost
- Ideological direction
- Liberal
How the Justices voted
- Majority
- Chief Justice Roberts, Justice Scalia, Justice Kennedy, Justice Thomas, Justice Ginsburg (wrote), Justice Breyer, Justice Alito, Justice Sotomayor, Justice Kagan
Oral argument transcript and advocates · Opinion on Justia
Opinion excerpt
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, route, or service of any motor carrier ... with respect to the transportation of property." Plaintiff-respondent Robert Pelkey brought suit under New Hampshire law against defendant-petitioner Dan's City Used Cars (Dan's City), a towing company. Pelkey alleged that Dan's City took custody of his car after towing it without Pelkey's knowledge, failed to notify him of its plan to auction the car, held an auction despite Pelkey's communication that he wanted to arrange for the car's return, and eventually traded the car away without compensating Pelkey for the loss of his vehicle. Disposal of abandoned vehicles by a "storage company" is regulated by chapter 262 of the New Hampshire Revised Statutes Annotated. See N.H.Rev.Stat. Ann. §§ 262:31 to 262:40-c (West 2004 and 2012 West Cum.Supp.). Dan's City relied on those laws to dispose of Pelkey's vehicle for nonpayment of towing and storage fees. According to Pelkey, however, Dan's City failed to comply with New Hampshire's…
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