Supreme Court Decision Alert - May 13, 2013

On May 13, 2013 the Supreme Court issued two decisions, described below, of interest to the business community.

• Motor Carriers—Interstate Commerce Act—Federal Preemption
• Patents—Exhaustion Doctrine—Self-Replicating Technologies

Motor Carriers—Interstate Commerce Act—Federal Preemption 

Dan's City Used Cars, Inc. v. Pelkey , No. 12-52 (previously discussed in the December 10, 2012, Docket Report)

The Interstate Commerce Act preempts state laws "related to a price, route, or service of any motor carrier ... with respect to the transportation of property." 49 U.S.C. § 14501(c)(1). In Dan's City Used Cars, Inc. v. Pelkey, No. 12-52, plaintiff Robert Pelkey brought state statutory and common-law claims against a towing company arising out of the towing company's disposal of his car. Pelkey alleged that the towing company towed his car, failed to notify him about its plan to sell the car at auction, held the auction despite his attempt to