Weatherspoon v. Tillery Body Shop, Inc.

Preemption

As the United States Supreme Court stated just last year, “ ‘[i]n all pre-emption cases, and particularly in those in which Congress has “legislated ... in a field which the States have traditionally occupied,” ... we “start with the assumption that the historic police powers of the States were not to be superseded by the Federal Act unless that was the clear and manifest purpose of Congress.” ’ ” Wyeth v. Levine, — U.S. -, -, 129 S.Ct. 1187, 1194-95, 173 L.Ed.2d 51 (2009). I cannot agree that 49 U.S.C. § 14501 reflects a “clear and manifest purpose” by Congress to preempt state…