Legal Opinion

Ace Auto Body & Towing, Ltd. v. City of New York

Court of Appeals for the Second Circuit

Decided March 26, 1999No. Docket Nos. 97-9499, 97-9551PublishedCited by 56 opinions

1Opinion of the Court

CARDAMONE, Circuit Judge:

Looming over our Republican form of government, where each state in the exercise of sovereignty enacts its own laws, lies the Supremacy Clause of the U.S. Constitution, from which clause has been derived a legal concept known — to judges and lawyers, if not to laypersons — as preemption. Preemption, the doctrine by which federal law supplants contrary state and local law, is- the subject of this appeal. Plaintiffs, who are members and affiliates of the regional and New York City tow truck industry, filed an action against the defendant City in the United States…

2Cases cited23 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. United States v. LopezSupreme Court of the United States · 1995
  3. Rice v. Santa Fe Elevator Corp.Supreme Court of the United States · 1947
  4. Gibbons v. OgdenSupreme Court of the United States · 1824
  5. Medtronic, Inc. v. LohrSupreme Court of the United States · 1996

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3Cited by56 opinions

  1. Cardinal Towing & Auto Repair, Inc. v. City of BedfordCourt of Appeals for the Fifth Circuit · 1999
  2. Green Mountain Railroad Corporation v. State Of VermontCourt of Appeals for the Second Circuit · 2005
  3. Vrc LLC v. City of Dallas Don Bearden Marcus Currie Does 1-30, City of DallasCourt of Appeals for the Fifth Circuit · 2006
  4. Allen Miller v. C.H. Robinson Worldwide, Inc.Court of Appeals for the Ninth Circuit · 2020
  5. Andy Warhol Foundation for the Visual Arts, Inc. Frederick W. Hughes, as of the Estate of Andy Warhol v. Federal Insurance CompanyCourt of Appeals for the Second Circuit · 1999

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