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Marshall B. Lloyd, et al. v. Ford Motor Company

Paid petition · United States Court of Appeals for the Sixth Circuit, No. 22-1245 · judgment April 21, 2023


Certiorari denied · October 16, 2023
Pre-decision estimate: 5% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a dissent in the court below, and a Sixth Circuit decision below, and down for a business respondent.

Question presented

Section 32919(b) of the Energy Policy and Conservation Act (EPCA) expressly permits a State “to adopt or enforce a law or regulation on disclosure of fuel economy” where “the law or regulation is identical” to requirements under section 32908. Section 32908(b) requires that “[u]nder regulations of the Administrator of the Environmental Protection Agency, a manufacturer of automobiles shall attach a label to a prominent place on each automobile” containing “the fuel economy of the automobile.” Under regulations of the EPA, Ford is required to test its automobiles’ fuel economy in compliance with specific and repeatable “coastdown” tests. Petitioners who purchased Ford automobiles allege in their complaint that Ford violated these coastdown test requirements and seek to hold Ford accountable under state deceptive advertising statutes for representations regarding fuel economy determined in violation of EPA regulations. The question presented is: Are state deceptive advertising statutes impliedly preempted when the EPCA expressly permits state laws with requirements identical to those under the Act and Ford is alleged to have violated EPA requirements, such that parallel state enforcement aids in the accomplishment of Congressional objectives?

Counsel of record

For petitioner
Steve W. Berman
HAGENS BERMAN SOBOL SHAPIRO LLP

For respondent
Jill Margaret Wheaton
Dykema Gossett, PLLC

Case

Subject area
Federalism (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 1 conference

Order
Order list, October 16, 2023 · Certiorari denied

Proceedings

  1. Oct 16 2023
    Petition DENIED.
  2. Sep 27 2023
    DISTRIBUTED for Conference of 10/13/2023.
  3. Sep 26 2023
    Waiver of right of respondent Ford Motor Company to respond filed.
  4. Sep 19 2023
    Petition for a writ of certiorari filed. (Response due October 23, 2023)