United States Second Circuit

A permanent injunction preventing New York City from enforcing its tow truck licensing scheme against tow operators from outside the city, as well as an award of attorney's fees and expenses, are affirmed where: 1) enforcement of the licensing scheme against outside operators is not genuinely responsive to safety concerns, and, as a result, is preempted by 49 U.S.C. section 14501(c)(1); and 2) the district court did not abuse its discretion in the award of attorney's fees and expenses.

Appellate Information

• Decided 03/24/2008
• Published 03/24/2008

Judges

• PER CURIAM:, Before:  MCLAUGHLIN and WESLEY, Circuit Judges, and COGAN, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Mordecai Newman, Corporation Counsel of the City of New York, New York, N.Y. (Michael A. Cardozo, Corporation Counsel, Larry A. Sonnenshein, Louise Moed, of counsel, on the brief), for Appellants.


• For Appellees:
  
• Erach Screwvala, Robinson Brog Leinwand Greene Genovese and Gluck, P.C., New York, N.Y. (Michael F. Fitzgerald, of counsel, on the brief), for Appellee., Peter B. O'Connell, Albany, N.Y. for Amici Curiae Empire State Towing & Recovery Association, Towing & Recovery Association of America, and Conference of Northeastern Towing Associations in Support of Appellee., Andrew Leider, New York, N.Y. for Amicus Curiae Metropolitan N.Y. Towing, Auto Body & Salvage Association in Support of Appellee.