Dan’s City Used Cars Inc. v. Pelkey, No. 12-52; U.S. Supreme Court; opinion by Ginsburg, J.; decided May 13, 2013. On certiorari to the Supreme Court of New Hampshire.
The Federal Aviation Administration Authorization Act of 1994 (FAAAA) pre-empts state laws "related to a price, route, or service of any motor carrier … with respect to the transportation of property." 49 U.S.C. § 14501(c)(1). This provision borrows from the Airline Deregulation Act of 1978 (ADA), which pre-empts state laws "related to a price, route, or service of an air carrier," § 41713(b)(1), but it adds the important qualification, "with respect to transportation of property."