law occupies a legislative field to such an extent that it is reasonable to conclude that Congress left no room for state regulation in that field.” Tocher v. City of Santa Ana, 219 F.3d 1040, 1045-46 (9th Cir. 2000), overruled on other grounds by City of Columbus v. Ours Garage & Wrecker Serv., 536 U.S. 424, 153 L. Ed. 2d 430 (2002). However, the relevant portion of the United States Code, 49 U.S.C. 14501(c)(1), only preempts state and local regulation related to price, route, or service of a motor carrier with respect to the transportation of property. 49 U.S.C. 14501(c)(1) (2009). It explicitly does not restrict “the safety regulatory authority of a State with respect to motor vehicles.” 49 U.S.C. 14501(c)(2)(A); see also City of Columbus, 536 U.S. at 442, 153 L. Ed. 2d at 446 (<HOLDING>). Plaintiffs asserted that the challenged
holding that arguments which are not sufficiently developed are waived holding that uses which are not ultimately included in a submission to the fda are nonetheless exempted by the safe harbor holding that pleading rules are substantive holding that rules which are genuinely responsive to safety concerns are exempted from preemption holding that the federal expert witness compensation rules are in direct conflict with the state rules even when the state rules allow for a greater recovery