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THE SUPREME JUDICIAL COURT IS SOLICITING AMICUS BRIEFS OR MEMORANDA FROM INTERESTED PARTIES IN THE FOLLOWING MATTER PENDING BEFORE THE COURT

ARGUMENT IS TENTATIVELY SCHEDULED FOR DECEMBER 2012
AMICUS SUBMISSIONS ARE DUE NO LATER THAN TWO WEEKS BEFORE
THE FIRST DAY OF THE SITTING IN WHICH THE CASE IS SCHEDULED FOR ARGUMENT

 SJC-11258
Richard L. Kalika v. Alamo Financing LP & others

The operator of a motor vehicle, injured in an accident with a rental vehicle owned by the defendant, brought suit against the defendant for its alleged negligence in entrusting its vehicle to the rental driver. The issue presented are: whether 49 U.S.C. §　30106, which abolishes vicarious liability of automobile lessors based solely on ownership of a vehicle, preempts G. L. c. 231, §　85A; whether G. L. c. 231, §　85A, is a "financial liability law" within the meaning of 49 U.S.C. §　30106 and is therefore expressly not preempted by the Federal statute.

Interested parties may file their briefs in the Office of the Clerk for the Commonwealth, John Adams Courthouse, Suite 1-400, Pemberton Square, Boston MA 02108-1724 (Telephone 617-557-1020). Parties filing amicus briefs are expected to comply with the requirements of Rules 17, 19 and 20 of Mass. Rules of Appellate Procedure. Amicus briefs, to assist the court, should focus on the ramifications of a decision and not solely on the interests of the parties filing such briefs.

September 2012