General Motors Corp. v. Abrams

MEMORANDUM OPINION AND ORDER

HAIGHT, District Judge:

Defendant’s motion to dismiss the complaint and plaintiff’s cross-motion for summary judgment raise the issues of (1) whether a Federal Trade Commission consent order can ever preempt state legislation; and (2) if it can, whether a particular consent order negotiated by the Commission and plaintiff preempts New York’s “Lemon Law.”

I

The Federal Trade Commission (FTC) was established by Congress in 1914 as an independent agency of the federal government. The FTC is empowered and directed by Congress to prevent, among other things, “[ujnfair…