[Download] "Motor Vehicle Manufacturers Association of United States Inc. v. Abrams" by United States Court of Appeals for the Second Circuit " Book PDF Kindle ePub Free
eBook details
- Title: Motor Vehicle Manufacturers Association of United States Inc. v. Abrams
- Author : United States Court of Appeals for the Second Circuit
- Release Date : January 26, 1990
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 80 KB
Description
In this appeal, we again face the increasingly complex problem of applying preemption doctrine. Defendant Robert Abrams, Attorney General of the State of New York, appeals from a judgment of the United States District Court for the Southern District of New York, Leonard B. Sand, J., holding certain amendments to New Yorks automobile "Lemon Law," in particular, GBL §Â§ 198-a(g), (h) and (m), preempted under the Supremacy Clause of the United States Constitution by the Magnuson-Moss Warranty Act, 15 U.S.C. §Â§ 2301-2312, and by regulations promulgated by the Federal Trade Commission (the FTC) pursuant to the Act (the FTC Regulations). See 16 C.F.R. §Â§ 703.1-703.8. The judges opinion is reported at 697 F. Supp. 726. We conclude that the Lemon Law amendments are not preempted, and thus reverse and remand.