Center for Constitutional Litigation Scores Major Victory

Randy Walton

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The U.S. District Court for the Southern District of Florida on September 14 declared the Graves Amendment unconstitutional. That amendment had given immunity to automobile rental agencies for harm caused by their vehicles. The legislation has been a source of concern for the clients of personal injury law practitioners because it allowed owners of vehicles to rent or lease their cars without regard to the liability concerns of renting to people who use those cars in a negligent manner.

The American Associate for Justice (AAJ) reported that the Center for Constitutional Litigation scored a major win that furthers our fight to assure that victims of corporate negligence or misconduct can hold wrongdoers accountable in the civil justice system.

In a ruling with potentially wide implications for federal preemption and vicarious liability, the U.S. District Court for the Southern District of Florida on September 14 declared the Graves Amendment unconstitutional. That amendment had given immunity to automobile rental agencies for harm caused by their vehicles .

The Florida ruling holding the Graves Amendment unconstitutional came in a declaratory judgment action brought by a group of rental car companies against a person who had been injured in a collision with a rental car. The United States intervened to defend the statute's constitutionality. However, U.S. District Judge K. Michael Moore found the amendment "is an unconstitutional overreaching of Congress' power under the Commerce Clause."

The legislation has been a source of concern for the clients of personal injury law practitioners because it allowed owners of vehicles to rent or lease their cars without regard to the liability concerns of renting to people who use those cars in a negligent manner.