Friday, September 11, 2020

Federal Middle District Court Rejects Argument That Plaintiff's Claims Against Trucking Defendant Are Pre-Empted By Federal Law

In the case of Ciotolo v. Star Transp. and Trucking, No. 3:19-CV-00753-MEM (M.D. Pa. Aug. 24, 2020 Mannion, J.), the court ruled that Pennsylvania's general tort law is not pre-empted by the Federal Aviation Administration Authorization Act ("FAAA").

This matter arose out of a tractor trailer accident during which the Plaintiff's vehicle was hit from the rear.

The trucking Defendant asserted that the Plaintiff's claims were pre-empted by the FAAA, since the claims related to the Defendant's core services of brokering the shipment of goods in interstate commerce. 

This argument was rejected by the Court.  Although the Court relied upon Third Circuit precedent, this decision by Judge Malachy E. Mannion may be the first decision of its kind out of the Federal District Court for the Middle District of Pennsylvania.

Anyone wishing to review this decision may click this LINK.

I send thanks to Attorney Harry McGrath of the Kingston, PA law firm of Fellerman & Ciarimboli for bringing this case to my attention.

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