Confining Federal Preemption: The Case of Dan’s City v. Pelkey.
Posted 10 Sep 2013 in Case Notes[caption id="attachment_72" align="alignright" width="300"] Federal preemption provisions must be read sensibly[/caption] [This is the second in a series of posts reviewing unheralded but noteworthy decisions for State and local governments from the Supreme Court’s last term. See Koontz here.] State and local-government attorneys often battle federal preemption—including against broad readings that strain common sense. The case of Dan’s City Uses Cars, Inc., v . Pelkey reminds you why it’s worth it. It’s the story of Robert Pelkey.