Trial Lawyers Seek Supreme Court Review of Graves Law
Graves Law, originally passed in 2005, prohibits states from imposing vicarious liability on non-negligent owners of rented and leased vehicles. A group of lawyers recently filed a petition for review and responses to the petition are due by Oct. 21.
Trial lawyers from the Center for Constitutional Litigation PC (CCL) filed a petition for review, formally known as a petition for writ of certiorari, Sept. 19 with the U.S. Supreme Court in an attempt to challenge Graves Law (49 US 30106). The law, which was first known as the "Graves Amendment" of a highway bill in 2005, prohibits states from imposing vicarious liability on non-negligent rental and leased vehicle owners.
The petition from CCL comes after a ruling on the Vargas v. Enterprise case in April that upheld the vicarious liability protections outlined by Graves Law. According to the Truck Renting and Leasing Association (TRALA), the public has until Oct. 21 to file responses and briefs on the petition for review.
CCL is a branch of the Association for American Justice.
See below for some past articles on this issue of non-negligent vicarious liability in rental.
April 25, 2011 - Florida Supreme Court Upholds Graves Law
Oct. 27, 2010 - Canadian Province Approves Vicarious Liability Reform
Sept. 29, 2010 - TRALA Defends Graves Law in U.S. Senate Hearing on Vicarious Liability
July 21, 2010 - Appeals Court Affirms Graves Law Preemption of Vicarious Liability in GMAC Lawsuit
July 2010 - Developments in Negligent Entrustment Law
June 16, 2010 - Zipcar Granted Graves Protection
June 2, 2010 - Coalition Succeeds in Effort to Stop Repeal of Graves Law
May 21, 2010 - Here We Go Again: Graves Amendment Under Attack
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