Thursday, February 07, 2008

Graham v. Dunkley is reversed

The 2d Department finally overruled this decision, which declared the Transportation Equity Act of 2005 ("TTEA") (which preempted state laws holding automobile leasing companies liable for torts involving the leased vehicle) to be an unconstitutional exercise of Congressional authority under the Commerce Clause. Now that Graham is finito, NYVTL section 388 is, without question, preempted. Another blow to advocates of the "power" of the Tenth Amendment.


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