HomeAttorneys Practice Areas Trial Experience Resources Recalls Contact UsEn Español
Truck Accidents
Catastrophic Injury
Product Liability
Medical Negligence
Nursing Home Abuse
Aviation Litigation
Business Litigation
Wrongful Death
Aquatic Injuries
Porter & Korvick PA
Pinecrest Professional Building
9655 South Dixie Highway Suite 208
Miami, Florida 33156-5040
Phone: 305-373-5040
Fax: 305-668-9154
Offices thoughout Florida >


< Back to Previous Page

Federal Judge Declares Federal Rental Car Immunity Provision Unconstitutional

Last week, two important victories were scored in the fight to protect the justice rights of all Floridians. In two decisions with far reaching implications for federal preemption and vicarious liability, the U.S. District Court for the Southern District of Florida declared the federal rental car immunity statute, 49 U.S.C. ยง30106 (commonly known as the Graves Amendment) unconstitutional. That 2005 provision, which was slipped into a 900-page transportation appropriations bill, gave immunity to automobile rental agencies for harm caused by their vehicles.

The landmark decisions were handed down by United States District Judge K. Michael Moore. Judge Moore found that the Graves Amendment directly indicates an intention to preempt state law and exceeds Congress' authority under the Commerce Clause. The decisions give rental car companies a powerful incentive to ensure that their customers are adequately insured, helping to protect victims of car accidents with rented or leased vehicles. They could also have widespread repercussions regarding the federal government's preemption powers.

America's Rescued Hostages
Click here to read more.


Truck Driver Causes Accident in Pensacola, Florida
A truck driver on Interstate 10 did not change lanes with sufficient caution, and caused some damages to another driver’s car. This resulted in his oil rig landing on its

Couple Suing Florida Department of Children and Families for Wrongful Death
The mother of the child was furious to find out that her baby was not checked on for a period of five hours. However, the managers of the group home say that it was an

Mother Sues Scientologists over Son's Suicide
The boy suffered from depression, anxiety and was beginning to show the early signs of schizophrenia. His psychiatrist had prescribed the antidepressant medications after

More News >>

HomeContactLink to UsSitemap
Orion Foundry (US), Inc. – Search & MM Services. All rights reserved.