Task: Wrong Candidate Generation
Input (English): not impliedly preempt the field of law related to the price, route, and service of motor carriers of property, and does not impliedly preempt by conflict her state-law claims. As stated above, in Kelley the Tenth Circuit Court of Appeals concluded that § 14501(c) preempts the field of law regarding price, route, and service of motor carriers of property. See Kelley, 69 F.3d at 1509-10 (“Here, Congress has clearly chosen ... to preempt the entire field of price, service, and route regulation of intrastate motor carrier activities.”). Furthermore, other federal courts have held that § 14501(c)(1) expressly preempts state tort claims relating to price, route, or service against motor carriers of property. See, e.g., Data Mfg., Inc. v. United Parcel Serv., Inc., 557 F.3d 849 (8th Cir.2009) (<HOLDING>); Deerskin Trading Post, Inc. v. United Parcel 
 Holding statements: (A) holding plaintiffs statelaw claims alleging common law misrepresentation and statutory misrepresentation under the texas insurance code art 2121 not preempted because they were not dependent on  the right to recover benefits under the erisa plan (B) holding fraudulent representations to the fda could not sustain statelaw claims (C) holding that  14501c1 preempted statelaw claims of fraudulent and negligent misrepresentation and money had and received related to billing practices of motor carrier of property (D) holding negligent misrepresentation sufficient (E) holding misrepresentation claim to be preempted
Output (English): holding misrepresentation claim to be preempted