Legal Opinion
New Hampshire Motor Transport Ass'n v. Rowe
District Court, D. Maine
Decided June 30, 2004No. CIV.03-178-B-HPublishedCited by 3 opinions
1Opinion of the Court
ORDER ON DEFENDANT’S MOTION FOR PARTIAL SUMMARY JUDGMENT AND PARTIAL MOTION TO DISMISS
HORNBY, District Judge.
Earlier I ruled (on the plaintiff carrier associations’ motion) that federal law does not preempt certain challenged provisions of Maine’s Tobacco Delivery Law. I now grant partial summary judgment to the Maine Attorney General on that claim. I also conclude that the carrier associations have standing to assert an as-applied preemption challenge to the statute even though they rely on its effects on a particular association member.
ANALYSIS(1) The Facial Challenge
New Hampshire Motor…
2Cases cited15 opinions
- Warth v. SeldinSupreme Court of the United States · 1975
- Hunt v. Washington State Apple Advertising CommissionSupreme Court of the United States · 1977
- Elk Grove Unified School District v. NewdowSupreme Court of the United States · 2004
- United Food & Commercial Workers Union Local 751 v. Brown Group, Inc.Supreme Court of the United States · 1996
- Retired Chicago Police Ass'n v. City of ChicagoCourt of Appeals for the Seventh Circuit · 1993
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3Cited by3 opinions
- New Hampshire Motor Transport Ass'n v. RoweCourt of Appeals for the First Circuit · 2006
- NEW HAMPSHIRE MOTOR TRANSPORT ASS'N v. RoweDistrict Court, D. Maine · 2005
- City of Arlington, Texas v. Texas Oil & Gas Association and Texas Independent Producers & Royalty Owners Association, Texas Court of Appeals, 2nd District (Fort Worth)2014