NY High Court Says DHL Delivery FCA Suit Preempted

Law360, New York (April 26, 2012, 3:57 PM EDT) -- The New York Court of Appeals on Thursday ruled that federal law preemption prevents a pair of qui tam plaintiffs from pursuing a state False Claims Act suit against DHL Express Inc. over allegedly excessive package delivery charges.

In a 5-2 decision, the state's high court dismissed the suit entirely, finding that U.S. Supreme Court rulings have given the Airline Deregulation Act and Federal Aviation Administration Authorization Act "a broad preemptive purpose" that forbids state enforcement actions associated with airline rates, routes or services, the decision...
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