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· 8/19/2008

Garcia v. Vanguard Car Rental USA, Inc.

Citations

  • 540 F.3d 1242
  • 2008 U.S. App. LEXIS 17681
  • 21 Fla. L. Weekly Fed. C 1001

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • stating that under the canon against surplusage, “we strive to give effect to every word and provision in a statute when possible”
  • explaining that “[w]e may consult legislative history to elucidate a statute’s ambiguous or vague terms,” but “when we consult legislative history, we do so with due regard for its well-known limitations and dangers”
  • finding Graves Amendment preempts inconsistent Florida law, stating “[a] valid federal statute preempts any state law with which it actually conflicts.”
  • noting Congress drew a distinction “ ‘between liability based on the companies’ own negligence and that of their lessees”
  • explaining that courts “may consult legislative history to elucidate a statute’s ambiguous or vague terms, but legislative history cannot be used to contradict unambiguous statutory text or to read an ambiguity into a statute which is otherwise clear on its face”
  • stating under the canon against surplusage, “we strive to give effect to every word and provision in a statute when possible”

Source: CourtListener parenthetical corpus (CC0).

Judges: Edmondson, Kravitch, Alarcón

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.