· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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