· 5/9/2005
Tillison v. City of San Diego
Citations
- 406 F.3d 1126
- 2005 U.S. App. LEXIS 8062
- 2005 WL 1076103
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- disapproving district court analysis that “foeus[ed] on the actual effect of the statute” and noting that “[t]he focus of the safety exception to preemption must be on the legislative intent and whether the legislature was acting out of safety concerns”
- “Recent developments, including the Supreme Court’s providing a broader interpretation of the safety exception to the FAAAA and the California legislature’s amending section 22658, persuade us to reconsider Tocher.”
- “For the foregoing reasons, including material statutory authority not available at the time of the district court decision, we conclude that the statute is not preempted; it is safety-related and comes within the safety exception to federal preemption.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Schroeder, Gould, Clifton
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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