California Court of Appeal

In an action filed on behalf of the State of California pursuant to the California False Claims Act, Gov. Code section 12650 et seq., alleging defendants overcharged and fraudulently billed the State for delivery services, the trial court's grant of judgment on the pleadings, concluding the action was preempted by the Airline Deregulation Act of 1978, 49 U.S.C. section 41713(b)(1) and Federal Aviation Administration Authorization Act of 1994, 49 U.S.C. section 14501(c)(1), is affirmed where: 1) on transfer from the California Supreme Court, People ex rel. Harris v. PAC Anchor Transportation, Inc. (2014) 59 Cal.4th 772, has no application here; and 2) the application of the State Act in this case would constitute an impermissible regulation of DHL's prices, routes and services in conflict with federal law.

Appellate Information

• Decided 09/11/2015
• Published 09/11/2015

Judges

• ASHMANN-GERST

Court

• California Court of Appeal

Counsel