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

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

Market Forces Driving Car Rental in 2018

An analysis of the conference calls of Avis Budget Group and Hertz Global Holdings reveal trends and initiatives involving fleet right sizing, pricing, ancillary revenue opportunities, and renting to ride-hailing drivers.

Trends Moving the Truck Market

Storylines that emerged from the 2018 Work Truck Show include the increasing need for on-site productivity, inclusion of active safety systems in trucks, DPF frustrations affecting product decisions, data management, and the growing link between fleet management and company revenue.

MIT Study Reinforces the Newfound Importance of Fleet

Uber and Lyft drivers make far less when factoring vehicle expenses, though the actual numbers are now in dispute. A proper lifecycle cost analysis would’ve helped, and shows the benefit of collaboration with fleet professionals.

Job Finder: Access Top Talent. Fill Key Positions.