News & Analysis as of

Interstate Commerce Supreme Court of the United States

Mitchell, Williams, Selig, Gates & Woodyard,...

Interstate Transport/Ozone: United State Supreme Court Issues Stay for D.C. Circuit Court of Appeals

Co-Author Jordan Wimpy The United States Supreme Court issued on June 27th a stay on the Ozone Federal Implementation Plan (i.e, Good Neighbor Rule) while the District of Columbia Circuit Court of Appeals hears and decides...more

Manatt, Phelps & Phillips, LLP

Supreme Court: Look to Worker, Not Employer for FAA Exemption Status

Is the exemption from coverage under the Federal Arbitration Act (FAA) for any “class of workers engaged in foreign or interstate commerce” limited to workers whose employers are in the transportation industry? ...more

Lathrop GPM

United States Supreme Court Expands Worker Exemption in Federal Arbitration Act

Lathrop GPM on

The United States Supreme Court recently determined that an exemption to the Federal Arbitration Act excluding workers engaged in foreign or interstate commerce from coverage under the Act includes a transportation worker...more

Epstein Becker & Green

Employees Not in the Transportation Industry Can Be Exempted From Arbitration Under the FAA

The U.S. Supreme Court has ruled that in determining exemption from the Federal Arbitration Act (“FAA”) for “workers engaged in foreign or interstate commerce” — commonly referred to as the “transportation worker”...more

Husch Blackwell LLP

U.S. Supreme Court Decision Reshapes FAA Exemption for Transportation Workers

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In a unanimous ruling earlier this month, the Supreme Court in Bissonnette, et al., v. LePage Bakeries Park St., LLC, et al., 601 U.S. ----144 S.Ct. 905 (2024) held that transportation workers need not work for a company in...more

McAfee & Taft

Special delivery: SCOTUS provides guidance on arbitration exemption for transportation workers

McAfee & Taft on

On April 12, 2024, in Bissonnette et. al, v. LePage Bakeries Park St., LLC, et. al, the U.S. Supreme Court provided guidance on the transportation worker exemption under Section 1 of the Federal Arbitration Act (FAA),...more

Seyfarth Shaw LLP

U.S. Supreme Court Clarifies Application of FAA Transportation Exemption

Seyfarth Shaw LLP on

On April 12, 2024, the United States Supreme Court ruled that an individual does not need to work directly in the transportation industry to be within the scope of the Federal Arbitration Act (FAA) exemption for...more

Morgan Lewis

US Supreme Court Clarifies Application of Federal Arbitration Act’s ‘Transportation Worker’ Exemption

Morgan Lewis on

In Bissonnette v. LePage Bakeries, a unanimous Supreme Court clarified the scope of the Federal Arbitration Act’s (FAA’s) “transportation worker” exemption by rejecting the industry-based test applied in the Second Circuit....more

ArentFox Schiff

Supreme Court Holds That the FAA’s Transportation Exemption Applies to all Employees Involved in Interstate Transportation

ArentFox Schiff on

Enacted in 1925, the Federal Arbitration Act (FAA) reflects the nation’s policy favoring arbitration agreements. Employers routinely rely on the FAA to compel aggrieved employees to press their disputes before an arbitrator,...more

Parker Poe Adams & Bernstein LLP

Supreme Court Says Arbitration Law Exemption Applies to Worker's Jobs and Not Company's Business

The Federal Arbitration Act (FAA) provides employers with wide discretion to require that disputes with employees be subject to mandatory arbitration rather than proceeding through the court system. Many employers favor...more

Holland & Knight LLP

Food Delivery Drivers' Misclassification Suit May Be Exempt from Arbitration

Holland & Knight LLP on

The U.S. Supreme Court decided Bissonnette, et al. v. LePage Bakeries Park St., LLC, et al. on April 12, 2024. In a unanimous decision written by Chief Justice John Roberts, the Court held that a transportation worker need...more

FordHarrison

Supreme Court Rules that the FAA's Arbitration Exemption is Not Limited to Transportation Industry

FordHarrison on

On April 12, 2024, the United States Supreme Court issued a decision that answers the question of whether the Federal Arbitration Act’s (FAA) exemption from arbitration for any “class of workers engaged in foreign or...more

Littler

U.S. Supreme Court Clarifies When the Federal Arbitration Act’s “Transportation Exemption” Applies

Littler on

On April 12, 2024, the U.S. Supreme Court addressed whether the Federal Arbitration Act’s (FAA) transportation exemption—meaning the FAA would not apply—only relates to workers within the transportation industry....more

McGlinchey Stafford

Supreme Court Clarifies FAA Arbitration Exception Not Limited to Transportation Workers

McGlinchey Stafford on

On April 12, 2024, the Supreme Court issued its decision in Bissonnette v. LePage Bakeries Park St., LLC, 601 U.S. __ (2024). It unanimously held that the exception to arbitration under Section 1 of the Federal Arbitration...more

Sherman & Howard L.L.C.

Wonder Bread Delivery Drivers are Exempt from Arbitration Agreement, Supreme Court Determines

Workers in jobs that involve interstate transport can be exempt from arbitration under the Federal Arbitration Act (FAA) even if their employer is not in the transportation industry, the Supreme Court decided on April 12. ...more

Holland & Knight LLP

U.S. Supreme Court: Workers Who Transport Goods Are Exempt from FAA, Regardless of Industry

Holland & Knight LLP on

The U.S. Supreme Court on April 12, 2024, decided Bissonnette v. LePage Bakeries Park St., LLC. The central issue revolved around the Federal Arbitration Act (FAA) and its applicability to workers engaged in interstate...more

Dorsey & Whitney LLP

The Supreme Court Update - April 12, 2024

Dorsey & Whitney LLP on

The Supreme Court of the United States issued three decisions today: Sheetz v. County of El Dorado, No. 22-1074: This case involves the “unconstitutional conditions doctrine,” set forth in Nollan v. Cal. Coastal Comm’n,...more

ArentFox Schiff

Class Action Year in Review: Post-Saxon Anyone Can Claim to Be a Transportation Worker

ArentFox Schiff on

It is common practice for companies to utilize agreements requiring arbitration on an individual basis to avoid or limit the risk, burden, and expense of class and collective actions. However, an exemption in Section 1 of the...more

Troutman Pepper

Lawsuit Highlights the Complexity of Regulating the Intrastate Use of Marijuana

Troutman Pepper on

One of the most interesting aspects of marijuana law and policy in the U.S. is its tendency to strike at our most foundational democratic principles. In 2005, the U.S. Supreme Court held, in Gonzales v. Raich, that Congress...more

Holland & Knight LLP

U.S. Supreme Court Hears Argument on Arbitration Exemption for Food Delivery Drivers

Holland & Knight LLP on

The U.S. Supreme Court heard oral argument on Feb. 20, 2024, on whether food distributors are exempt from arbitration under Section 1 of the Federal Arbitration Act (FAA), governing "contracts of employment of seamen,...more

Bradley Arant Boult Cummings LLP

A cautionary tale: Challenges for firms in Wayfair compliance

Law firms periodically receive requests for advice from CPAs regarding a client’s need to come into compliance with the relatively new and sometimes confusing “economic nexus” or “Wayfair” rules for selling goods or providing...more

Constangy, Brooks, Smith & Prophete, LLP

Major League Baseball loosens non-player labor market

Open for negotiations. Since the U.S. Supreme Court decided in the Federal Baseball case of 1922 that baseball was not interstate commerce, Major League Baseball has enjoyed an exemption from antitrust law. The Supreme...more

Husch Blackwell LLP

Cannabis Litigation Alert: Commerce Clause Back on Blast

Husch Blackwell LLP on

Recently, the Department of Health and Human Services recommended to the Drug Enforcement Administration that cannabis be rescheduled on the Controlled Substances Act (“CSA”) from a I to a III. At the same time, the SAFER...more

WilmerHale

3 Personal Jurisdiction Questions Mallory Leaves Unanswered

WilmerHale on

The due process framework that has cabined personal jurisdiction over nationwide and global businesses for the last eight decades — since the U.S. Supreme Court's 1945 ruling in International Shoe Co. v. Washington — looks...more

Benesch

Far From Home: Supreme Court Expands General Jurisdiction for Out-of-State Defendants in Mallory v. Norfolk Southern Railway Co.

Benesch on

When served with a summons and complaint for an out-of-state lawsuit, one of the first things a defendant is likely to ask is—can this court compel me to appear? Given that most transportation and logistics-related disputes...more

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