Dan's City Used Cars, Inc. v. Pelkey (12-52)

argument 12-52

Dan's City Used Cars, Inc. v. Pelkey

Supreme Court of the United States 59 min 5 speakers 8 chapters transcribed 7 days ago official recording ↗

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What is the central legal question about federal preemption in Dan’s City Used Cars v. Pelkey?

John G. Roberts 0:01

We'll have our uh argument next, uh in case twelve fifty two, Dan City used cars versus Pelkie.

0:07

Mr.

John G. Roberts 0:07

Bufard.

Unknown 0:10

Mr Chief Justice, and may it please the court, the issue in this case is whether Section fourteen five oh one of the United States Transportation Code expressly preempts the respondents state law consumer protection And tort claims. for damages against a tow trucker who towed his vehicle lawfully. and then several months later disposed of the vehicle after the fees for towing and storage had not been paid. Both of these claims are preempted. because they are directed at The conduct, the type of conduct That tow truck companies all over this country every day engage in in dealing with a particular type of tow that's referred to in the business as non consensual towes. It regulates storage. Is this a law that applies only to the towing companies who tow the automobile and then store it?

Unknown 1:20

Or does the law apply, say, to a garage, say Uh someone brings a a car to a garage for repairs. And uh does this storage law regulate garage operations as well as towing operations. Justice Skinsburg, this law regulates abandoned motor vehicles. It's an abandoned motor vehicle, right? So so it would apply to a garage operator. Well if a garage operator came into possession of an abandoned motor vehicle, Then I suppose it would. Th if if you look at the at the title to this sub chapter of this New Hampshire statute, the title is abandoned vehicles. Yeah, but what made it abandoned was that they try to locate the owner, couldn't And so th the same thing could happen. With the garage owner. as happened to the towing truck.

Unknown 2:13

So there's nothing peculiar about being in the towing business that makes this storage application a storage statute apply. Well, the the let me be clear about this statute, Your Honor. It's an abandoned vehicle statute. Uh and um what's really important to understand with this case is that none of the plaintiff's claims rely on this abandoned vehicle statute. has pled in his complaint А каплов алегація. of violations of this abandoned vehicle law. But the substantive rights that were sued upon by the plaintiff in this case. Do not live in the abandoned motor vehicle law. The substantive rights that were sued upon by the plaintiff live In the state's consumer protection law. which is a separate New Hampshire statute, unrelated to the abandoned vehicle law.

Unknown 3:09

And secondly, The claim that the n the common law negligence claim in this case arises out of the common law of New Hampshire. It doesn't arise out of the abandoned motor vehicle law. W one of the sources of confusion I would submit in the New Hampshire Supreme Court's decision is that it did not adequately deal with the the the role of the abandoned vehicle law in this case. The abandoned vehicle law actually plays a relatively minor role as it relates to the causes of action that were pled in this case and the causes of action that the preemption defense is directed to in this case.

Stephen G. Breyer 3:53

What what is your point? If it is not part of the towing law, then it is further removed. M the

Unknown 4:00

the the reason the reason why these claims are preempted, Your Honor, is because they all stem from the towing of the vehicle. which was followed by the storage of the vehicle.

Stephen G. Breyer 4:12

I guess y I mean I guess you could have thousands of claims across the country, millions of claims where there are all kinds of towing laws and and uh you know it says in Cambridge, Massachusetts, park your car here during a snow emergency, it will be towed. Probably every northeastern country has laws like that. I guess there could be millions of negligence claims when the thing is towed, the guy broke the headlight. I don't think so, Your Honor. And what's the difference between this and and and uh what could arise any day of the week? I mean I as I read your brief, that c what what are you saying that statutes that say your tar car will be towed if you park here during a snow emergency? What happens?

Stephen G. Breyer 4:59

I mean, do they have to go to the Department of Transportation? Uh But Boston couldn't function.