Legal Opinion
Professional Towing & Recovery Operators v. Box
District Court, N.D. Illinois
Decided August 16, 2013No. Case No. 08-cv-4096PublishedCited by 2 opinions
1Opinion of the Court
MEMORANDUM OPINION
ROBERT M. DOW, JR., District Judge.
The parties’ cross-motions for summary judgment ask the Court to decide whether Illinois’ Commercial Safety Towing Law (Towing Law), 625 ILCS 5/18d-101, et seq. is preempted in whole or in part by the Federal Aviation Administration Act of 1994 (FAAAA), as amended by the Interstate Commerce Commission Termination Act, 49 U.S.C. § 14501(c), because the it has “the force and effect of law related to a price, route, or service of any motor carrier * * * with respect to the transportation of property,” but is not part of “the safety regulatory…
2Cases cited46 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
- Ex Parte YoungSupreme Court of the United States · 1908
- M'culloch v. State of MarylandSupreme Court of the United States · 1819
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3Cited by2 opinions
- California Tow Truck Ass'n v. City & County of San FranciscoCourt of Appeals for the Ninth Circuit · 2015
- California Tow Truck Ass'n v. City & County of San FranciscoCourt of Appeals for the Ninth Circuit · 2015