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Trucking Industry Federal Aviation Administration Authorization Act of 1994 (FAAAA) Supreme Court of the United States

Hanson Bridgett

Sixth Circuit Decision Raises the Stakes for Supreme Court Review and Broker Liability

Hanson Bridgett on

The Sixth Circuit recently became the latest Court of Appeals to weigh in on whether the Federal Aviation Administration Authorization Act (FAAAA) preempts claims of negligent carrier selection under state common law for...more

Jackson Lewis P.C.

U.S. Supreme Court Declines Review of AB 5

Jackson Lewis P.C. on

In April 2021, the 9th Circuit panel held that the application of California Assembly Bill 5 (AB 5) to motor carriers is not preempted by the Federal Aviation Administration Authorization Act of 1994 (FAAAA). Under AB 5, the...more

Benesch

In Anticipation of Preemption: The U.S. Supreme Court Speaks (Sort Of...)

Benesch on

The transportation and logistics industry has been widely anticipating a decision from the U.S. Supreme Court as to whether or not it will accept for review two very significant cases involving the scope of the Federal...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Supreme Court Seeks Solicitor General Input on Preemption Challenge to California’s AB 5

On November 15, 2021, the Supreme Court of the United States issued an order concerning the California Trucking Association’s (CTA) challenge to California’s independent contractor law, Assembly Bill (AB) 5. The Supreme...more

ArentFox Schiff

Class Action Quarterly Update

ArentFox Schiff on

Class Actions Quarterly Update: Employee Misclassification in the Logistics Industry - The vast majority of class action litigation in the logistics industry over the past quarter, and indeed the last few years, has been...more

JAMS

An Update on Dilts v. Penske Logistics

JAMS on

In May 2015, the U.S. Supreme Court denied the petition for certiorari in Dilts v. Penske Logistics, LLC. The 9th Circuit Dilts decision had reversed the District Court’s determination that the Federal Aviation...more

Littler

The Supreme Court’s Ginsberg Decision Could Significantly Affect the Outcome of Motor Carrier Preemption Cases

Littler on

In a unanimous decision, the U.S. Supreme Court recently held that the Airline Deregulation Act (ADA) can preempt even common law claims for breach of the implied covenant of good faith and fair dealing if such claims relate...more

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