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

Gaining Insight beyond the Quarterly Headlines

Digging deeper into the most recent public statements by Avis Budget Group and Hertz reveal direction on the market, including growing the deep-discount segment, ancillary sales drivers, Hertz’s ship-righting and Zipcar’s first franchise (you heard correctly).

Is the U.S. Heading to Calif.-like Emissions Standards?

New federal air quality rules will affect hundreds more counties across the country, and fleets are in the cross hairs. Is your area on the list?

6 Growing Transportation Problems - and Potential Solutions

They may not affect car rental today, but they will. Will you be part of the solution?

Job Finder: Access Top Talent. Fill Key Positions.