§Why CasetextPricing

HARRIS v. PAC ANCHOR TRANSPORTATION

Appellant’s Answer Brief on the Merits

64 Cited authorities

  1. Cipollone v. Liggett Group, Inc.

    505 U.S. 504 (1992)   Cited 2,399 times   9 Legal Analyses
    Holding that an express warranty was not a "requirement ... imposed under State law" because the obligation was imposed by the warrantor

  2. New York State Blue Cross Plans v. Travelers Ins

    514 U.S. 645 (1995)   Cited 1,550 times   24 Legal Analyses
    Holding that a statute imposing a surcharge on "[p]atients served by commercial insurers providing in-patient hospital coverage on an expense-incurred basis, by self-insured funds directly reimbursing hospitals, and by certain workers' compensation, volunteer firefighters' benefit, ambulance workers' benefit, and no-fault motor vehicle insurance funds" . . . "cannot be said to make 'reference to' ERISA plans in any manner" because the surcharge applied "regardless of whether the commercial coverage or membership, respectively, [wa]s ultimately secured by an ERISA plan, private purchase, or otherwise"

  3. Morales v. Trans World Airlines, Inc.

    504 U.S. 374 (1992)   Cited 1,692 times   11 Legal Analyses
    Holding that the Airline Deregulation Act, which prohibits States from enforcing any law "relating to rates, routes, or services" of any air carrier, preempted fare-advertising guidelines that "would have a significant impact upon" the airlines' ability to charge fares

  4. Metropolitan Life Ins. Co. v. Massachusetts

    471 U.S. 724 (1985)   Cited 1,515 times   10 Legal Analyses
    Holding that the National Labor Relations Act does not permit “unions and employers to bargain for terms of employment that state law forbids employers to establish unilaterally”

  5. American Airlines, Inc. v. Wolens

    513 U.S. 219 (1995)   Cited 777 times   11 Legal Analyses
    Holding the Illinois Consumer Fraud Act preempted by the Federal Airline Deregulation Act to the extent the state law applied to airline frequent flier programs

  6. California Labor Stds. Enf. v. Dillingham Constr

    519 U.S. 316 (1997)   Cited 723 times   12 Legal Analyses
    Holding that ERISA did not pre-empt a California statute that incentivized, but did not require, plans to follow certain standards for apprenticeship programs

  7. Cel-Tech Communications, Inc. v. Los Angeles Cellular Telephone Co.

    20 Cal.4th 163 (Cal. 1999)   Cited 2,419 times   23 Legal Analyses
    Holding that for an act to be "unfair," it must "threaten" a violation of law or "violate the policy or spirit of one of those laws because its effects are comparable to or the same as a violation of the law"

  8. Rowe v. New Hampshire Motor Transp. Ass'n

    552 U.S. 364 (2008)   Cited 387 times   8 Legal Analyses
    Holding that targeted ground carrier regulations were pre-empted by a statute modeled on the ADA

  9. American Trucking v. City of Los Angeles

    559 F.3d 1046 (9th Cir. 2009)   Cited 1,262 times
    Holding plaintiff seeking injunction "not entitled to relief" in absence of showing "likelihood of irreparable harm"

  10. Kentucky Assn. of Health Plans, Inc. v. Miller

    538 U.S. 329 (2003)   Cited 370 times   14 Legal Analyses
    Holding that two Kentucky any-willing-provider laws are saved from preemption because they regulate insurance within the meaning of ERISA's savings clause

  11. Section 1144 - Other laws

    29 U.S.C. § 1144   Cited 6,973 times   52 Legal Analyses
    Saving clause

  12. Section 45 - Unfair methods of competition unlawful; prevention by Commission

    15 U.S.C. § 45   Cited 3,852 times   547 Legal Analyses
    Providing court-ordered monetary penalties against anyone who engages in conduct previously identified as prohibited in a final cease and desist order, but only if the violator acted with "actual knowledge that such act or practice is unfair or deceptive"

  13. Section 815 ILCS 505/2

    815 ILCS 505/2   Cited 1,385 times   13 Legal Analyses
    Prohibiting "[u]nfair methods of competition and unfair or deceptive acts or practices"

  14. Section 41713 - Preemption of authority over prices, routes, and service

    49 U.S.C. § 41713   Cited 820 times   30 Legal Analyses
    Recognizing that the preemption provision does not limit a State from "carrying out its proprietary powers and rights"

  15. Section 14501 - Federal authority over intrastate transportation

    49 U.S.C. § 14501   Cited 676 times   31 Legal Analyses
    Granting a limited exemption to a state or its political subdivisions from the federally preempted regulation of the towing industry by permitting a state or its political subdivisions to regulate nonconsent tow fees

  16. Section 815 ILCS 510/2 - Deceptive trade practices

    815 ILCS 510/2   Cited 406 times

    (a) A person engages in a deceptive trade practice when, in the course of his or her business, vocation or occupation, the person: (1) passes off goods or services as those of another; (2) causes likelihood of confusion or of misunderstanding as to the source, sponsorship, approval or certification of goods or services; (3) causes likelihood of confusion or of misunderstanding as to affiliation, connection or association with or certification by another; (4) uses deceptive representations or designations

  17. Section 1305 - Authorization of appropriations

    49 U.S.C. § 1305   Cited 163 times

    There are authorized to be appropriated for the activities of the Board- (1) $33,000,000 for fiscal year 2016; (2) $35,000,000 for fiscal year 2017; (3) $35,500,000 for fiscal year 2018; (4) $35,500,000 for fiscal year 2019; and (5) $36,000,000 for fiscal year 2020. 49 U.S.C. § 1305 Added Pub. L. 104-88, title II, §201(a), Dec. 29, 1995, 109 Stat. 934, §705; renumbered §1305 and amended Pub. L. 114-110, §§3(a)(3), Dec. 18, 2015, 7, Dec. 18, 2015, 129 Stat. 2228, 2232. EDITORIAL NOTES AMENDMENTS2015-

  18. Section 14503 - Withholding State and local income tax by certain carriers

    49 U.S.C. § 14503   Cited 9 times

    (a) SINGLE STATE TAX WITHHOLDING.- (1) IN GENERAL.-No part of the compensation paid by a motor carrier providing transportation subject to jurisdiction under subchapter I of chapter 135 or by a motor private carrier to an employee who performs regularly assigned duties in 2 or more States as such an employee with respect to a motor vehicle shall be subject to the income tax laws of any State or subdivision of that State, other than the State or subdivision thereof of the employee's residence. (2)

  19. Section 14502 - Tax discrimination against motor carrier transportation property

    49 U.S.C. § 14502   Cited 9 times   2 Legal Analyses
    Limiting certain taxes on motor carriers

  20. Section 815 ILCS 505/6.1

    815 ILCS 505/6.1   Cited 1 times

    In the administration of this Act, the Attorney General may accept an Assurance of Voluntary Compliance with respect to any method, act or practice deemed to be violative of the Act from any person who has engaged in, is engaging in, or was about to engage in such method, act or practice. Evidence of a violation of an Assurance of Voluntary Compliance shall be prima facie evidence of a violation of this Act in any subsequent proceeding brought by the Attorney General against the alleged violator

  21. Section 11090 - Order Regulating Wages, Hours, and Working Conditions in the Transportation Industry

    Cal. Code Regs. tit. 8 § 11090   Cited 195 times   5 Legal Analyses
    Providing employee "shall not be employed more than eight hours in any workday or more than 40 hours in any workweek unless" employee is paid overtime