Dan’s City Used Cars, Inc. v. Pelkey
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 12-52 | N.H. | Mar 20, 2013 | May 13, 2013 | 9-0 | Ginsburg | OT 2012 |
Holding: Section 14501(c)(1) of the Federal Aviation Administration Authorization Act of 1994 does not preempt state-law claims stemming from the storage and disposal of a towed vehicle.
Judgment: Affirmed, 9-0, in an opinion by Justice Ginsburg on May 13, 2013.
SCOTUSblog Coverage
- Opinion analysis: Unanimous Justices recognize “massive” limit on transportation preemption (Deepak Gupta, May 16, 2013)
- Argument recap: Justices look for ways to rein in open-ended preemption (Deepak Gupta, March 23, 2013)
- Argument preview: The elusive limits of Congress’s broad preemption regime for transportation deregulation (Deepak Gupta, March 18, 2013)
| Date | Proceedings and Orders |
|---|---|
| Mar 13 2011 | Reply of petitioner Dan's City Used Cars, Inc., dba Dan^s City Auto Body filed. (Distributed) |
| Jul 9 2012 | Petition for a writ of certiorari filed. (Response due August 13, 2012) |
| Aug 29 2012 | DISTRIBUTED for Conference of September 24, 2012. |
| Sep 6 2012 | Response Requested . (Due October 9, 2012) |
| Oct 4 2012 | Order extending time to file response to petition to and including November 8, 2012. |
| Nov 8 2012 | Brief of respondent Robert Pelkey in opposition filed. |
| Nov 16 2012 | Reply of petitioner Dan's City Used Cars, Inc., dba Dan^s City Auto Body filed. |
| Nov 20 2012 | DISTRIBUTED for Conference of December 7, 2012. |
| Dec 7 2012 | Petition GRANTED. |
| Jan 7 2013 | SET FOR ARGUMENT ON Wednesday, March 20, 2013 |
| Jan 22 2013 | Joint appendix filed. (Statement of costs filed) |
| Jan 22 2013 | Brief of petitioner Dan's City Used Cars, Inc., dba Dan^s City Auto Body filed. |
| Jan 28 2013 | CIRCULATED |
| Jan 28 2013 | Brief amicus curiae of California Tow Truck Association filed. (Distributed) |
| Jan 30 2013 | Record received from Supreme Court of New Hampshire. (1 box) |
| Feb 7 2013 | Record received from Superior Court Northern District of Hillsborough County. (1 box). |
| Feb 21 2013 | Brief of respondent Robert Pelkey filed. (Distributed) |
| Feb 27 2013 | Motion for leave to file amici brief filed by International Municipal Lawyers Association, et al. |
| Feb 27 2013 | Motion for leave to file amicus brief filed by Massachusetts Jobs With Justice. |
| Feb 28 2013 | Brief amicus curiae of the United States filed. (Distributed) |
| Feb 28 2013 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| Feb 28 2013 | Brief amici curiae of Louisiana, New Hampshire, et al. filed. (Distributed) |
| Feb 28 2013 | Brief amicus curiae of Towing and Recovery Association of America filed. (Distributed) |
| Feb 28 2013 | Brief amicus curiae of Property Casualty Insurers Association of America filed. (Distributed) |
| Mar 13 2013 | Reply of petitioner Dan's City Used Cars, Inc., dba Dan's City Auto Body filed. (Distributed) |
| Mar 15 2013 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
| Mar 15 2013 | Motion for leave to file amici brief filed by International Municipal Lawyers Association, et al. GRANTED. |
| Mar 15 2013 | Motion for leave to file amicus brief filed by Massachusetts Jobs With Justice GRANTED. |
| Mar 20 2013 | Argued. For petitioner: Andre D. Bouffard, Burlington, Vt. For respondent: Brian C. Shaughnessy, Manchester, N. H.; and Lewis S. Yelin, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) |
| May 13 2013 | Adjudged to be AFFIRMED. Ginsburg, J., delivered the opinion for a unanimous Court. |
| Jun 14 2013 | MANDATE ISSUED. |
| Jun 27 2013 | Record returned to Supreme Court of New Hampshire. |
| Jun 27 2013 | Record returned to Superior Court , Northern District of Hillsborough County, New Hampshire. |
