Trial Lawyers Seek Supreme Court Review of Graves Law

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

Comment On This Story

Name:  
Email:  
Comment: (Max. 10000 characters)  
Please leave blank:
* Please note that every comment is moderated.

Newsletter: Sign up to receive latest news, articles, and much more.

Read the latest

Auto Focus Blog: A blog covering fleets, auto rental and the business of cars

A Seminal Moment for the Global Car Rental Industry

The 2016 International Car Rental Show convened the first meeting of association directors from around the world that represented an important step to communication, problem-solving, and idea-sharing between the groups.

For the Future of Car Rental, See China

The new “mobility service providers” in China (and India) may show us a world without rental counters first.

Fleet Management? They Have No Clue

It’s all well and good that the general public doesn’t really understand fleet management — though there are a few situations it sure would help.

Job Finder: Access Top Talent. Fill Key Positions.