Last week, on August 10, 2011, the Supreme Court granted review in a UCL preemption case, People ex rel. Harris v. Pac Anchor Transportation, Inc., no. S194388. This is the issue on review:
Is an action under the Unfair Competition Law (Bus. & Prof. Code, § 17200 et seq.) that is based on a trucking company's alleged violation of state labor and insurance laws "related to the price, route, or service" of the company and, therefore, preempted by the Federal Aviation Administration Authorization Act of 1994 (49 U.S.C. § 14501)?
The Court of Appeal (Second Appellate District, Division Five) said no. People ex rel. Harris v. Pac Anchor Transportation, Inc., 195 Cal.App.4th 765 (May 18, 2011) (review granted).
This case has been added to my list of pending Supreme Court cases.