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Tag Archives: Second Circuit Court
Though the Second Circuit Court has ordered a preliminary injunction temporarily halting enforcement of Public Act 13-67—An Act Concerning Automotive Glass Work—the dispute over the subpoenas sent by Safelite continues to play out as the Connecticut Attorney General could decide to appeal the Circuit Court’s decision to the State Supreme Court. LYNX Services was served by Safelite and responded by asking the U.S. District Court for Western Pennsylvania to quash the subpoena. Safelite has responded in opposition.
The Connecticut Attorney General and automotive glass companies who supported the state’s Act Concerning Automotive Glass Work (Public Act 13-67) are now analyzing what their next step will be after the Second Circuit Court handed down a decision to temporarily halt enforcement of the statute.
The Second Circuit Court ordered a preliminary injunction on First Amendment grounds that temporary halts enforcement of Public Act 13-67—An Act Concerning Automotive Glass Work.
A three-judge panel, including Judges Ralph K. Winter, John M. Walker Jr. and José A. Cabranes, met in New Haven, Conn., at the U.S. District Court to hear a number of cases, including Safelite versus Jepsen. Safelite is seeking to enjoin the enforcement of the Connecticut law requiring third-party administrators (TPAs) who own glass shops to list a second glass shop when recommending repair at their own shop. The questioning lasted less than 30 minutes.
Safelite’s attorneys have filed a brief in the Second Circuit Court of Appeals, claiming that the U.S. District Court “erred in denying the motion for a preliminary injunction” and asked that the lower court’s order to be reversed. The company wants the Appellate Court to halt enforcement of Connecticut’s anti-steering law—PA 13-67.
Second Circuit Court Denies Preliminary Injunction in Connecticut Anti-Steering Case, Grants Expedited Appeal
A judges’ panel for the Second Circuit Court has denied Safelite’s motion for an injunction halting enforcement of Public Act 13-67 (an Act Concerning Automotive Glass Work), which went into effect January 1, writing that Safelite “failed to meet the requisite standard.” The judges granted Safelite’s motion to expedite the appeal.
A judge for U.S. District Court of Connecticut has approved a timetable for the anti-steering lawsuit being waged after Safelite sued state Attorney General George Jepsen and Thomas Leonardi, insurance commissioner, to halt Public Act 13-67 (an Act Concerning Automotive Glass Work), which went into effect January 1. Safelite’s appeal to the Second Circuit Court is pending over the lower court’s denial of a preliminary injunction.
glassBYTEs.com™ editors reached out to the parties involved in Connecticut’s new anti-steering law, which went into effect January 1, to see if it has made any difference to the marketplace. We wanted to know if the law was being followed and whether market share was affected. A Safelite spokeswoman declined comment saying that the company’s lawsuit is still pending.