Grupp

Grupp v. DHL Express (USA), Inc.

Good Law
192 Cal. Rptr. 3d 538·2015 Cal. App. LEXIS 800·240 Cal. App. 4th 420
Court of Appeal of CaliforniaSeptember 11, 2015B245297ACalifornia5,597 words

Opinion

Opinion

Ashmann-Gerst, J.

In this action filed by Kevin Grupp and Robert Moll (Relators) on behalf of the State of California (State) pursuant to California’s False Claims Act (Gov. Code, § 12650 et seq.) (the State Act), the question presented below was whether an action alleging DHL Express (USA), Inc., DHL Worldwide Express, Inc., and DPWN Holdings (USA), Inc. (collectively DHL), overcharged and fraudulently billed the State for delivery services was preempted by the Airline Deregulation Act of 1978 ( 49 U.S.C. § 41713 (b)(1)) (Deregulation Act) and the Federal Aviation Administration Authorization Act of 1994 ( 49 U.S.C. § 14501 (c)(1)) (Authorization Act). After concluding that the action was preempted, the trial court granted judgment on the pleadings. The Relators appealed. We filed our original opinion in this matter on April 11, 2014, and affirmed. Subsequently, the Relators petitioned our Supreme Court for review, and that petition was granted. On May 20, 2015, our Supreme Court transferred review of the matter to us under California Rules of Court, rule 8.528(d) with instructions that we reconsider our prior opinion in light of People ex rel. Harris v. PAC Anchor Transportation, Inc.…

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