10-6436 DHL EXPRESS (USA), Inc., DHL WORLDWIDE EXPRESS, INC., and DPWN HOLDINGS (USA), Inc., v. STATE OF FLORIDA ex rel, KEVIN GRUPP and ROBERT MOLL

State: Florida

Court: Florida First District Court

Docket No: 10-6436

Case Date: 03/10/2011

Preview:IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA DHL EXPRESS (USA), Inc., DHL WORLDWIDE EXPRESS, INC., and DPWN HOLDINGS (USA), Inc., Petitioners, v. STATE OF FLORIDA ex rel., KEVIN GRUPP and ROBERT MOLL, Respondents. _______________________________/ Opinion filed March 10, 2011. Petition for Writ of Prohibition -- Original Jurisdiction. Katherine E. Giddings and Thomas A. Range of Akerman Senterfitt, Tallahassee; J. Peter Coll, Jr., and Elyse D. Echtman of Orrick, Herrington & Sutcliffe LLP, New York, pro hac vice, for Petitioners. Robert W. Thielhelm, Jr., Jerry R. Linscott, and Jacob R. Stump of Baker & Hostetler LLP, Orlando, for Respondents. CASE NO. 1D10-6436 NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED.

PER CURIAM. DHL Express (USA), Inc., DHL Worldwide Express, Inc., and DPWN Holdings (USA), Inc. (hereinafter DHL) petition this court for a writ of prohibition. They contend that an action pending against them in the Circuit Court for Leon County is preempted by federal law. Finding petitioners' arguments to be well-taken, we grant the petition.

Petitioners contracted to provide courier services to the State of Florida. The contract authorizes DHL to impose surcharges at fixed rates when the price of fuel rises above an established base price. New York residents Kevin Grupp and Robert Moll brought the circuit court suit in question under the Florida False Claims Act, sections 68.081 through 68.09, Florida Statutes. They contend DHL improperly billed a fuel surcharge for aviation fuel when packages did not travel by air. Further, according to the complaint, DHL charged a diesel fuel surcharge for ground deliveries despite the fact that DHL's independent contractors incurred the increased cost of such fuel. Copies of the complaint and supporting documents were served on the appropriate state officials in accordance with section 68.083(3), Florida Statutes. The State declined to intervene and the case below proceeded without its participation. DHL moved to dismiss the complaint, arguing the action is

preempted by the Airline Deregulation Act, 49 U.S.C.

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