Table of Contents
The State of Maine filed a case against New Hampshire Transport Association which is a company that deals with provision of carrier services. In the case, Maine State claimed that only Maine licensed tobacco retailer should have been allowed to receive tobacco and the company should provide a special category of recipient verification service to prevent goods from been sold to minors to maintain public health of its citizens. The state filed a suit in the District Court. Using the federal law, the District Court blocked the case alleging that the claims violated consumer-protection law. The court issued judgement on the defendants favour. The plaintiff appealed to the court of Appeals for the First Circuit.
PRESENTATION OF LEGAL ISSUE
With the federal law blocking the state against consumer- protection laws, it ought to have blocked Maine’s efforts to directly control carrier services.
The Court of Appeals for the First Circuit granted that the federal law blocked the provisions of the Maine Statute.
Underthe 1994 federal Act, the law blocked state mandate regulation. This resolution was given in the view of the fact that Maine law required carriers to examine all packages for signs that were to be compared against the Attorney Generals’ list of approved shippers. If the plaintiff had won the case, this would mean that the state would have the authority to directly regulate package pick-up and service delivery with which the federal law had restricted states from doing. The federal law prohibits states from direct switch of its law-making commands for ‘competitive market forces’ in influencing the type of services that the motor carriers will provide.
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