Law Alert: Supreme Court Denies Certiorari in CTA v. Bonta
The Supreme Court denied review of the 9th Circuit’s reversal of the injunction against enforcement of California’s AB 5 against the trucking industry.
Law Alert: CTA v. Bonta -- Still Awaiting Supreme Court Decision on Whether to Hear AB 5 Challenge
Although three federal preemption of state law regulating prices, routes, or services cases involving transportation were distributed for the Court’s June 23 conference, no decision on whether to hear California Trucking Association v. Bonta (the trucking industry challenge to California’s AB 5’s restrictive employment test) or Virgin America v. Bernstein (an airlines looking at a similar preemption statute) was issued today.
Scopelitis in the News: "The Impact of Small Verdicts on Trucking Companies." June, 21, 2022. Heavy Duty Trucking (HDT).
Scopelitis Partners Steve Stanaszak and Jay Starett in Heavy Duty Trucking on the litigious environment of the industry.
Law Alert: AB 5 Challenge Distributed for Consideration by Supreme Court at June 23 Conference
The California Trucking Association’s (CTA) challenge to enforcement of AB 5 against the trucking industry was distributed today for consideration by the Supreme Court at its conference scheduled for June 23.
Law Alert: Supreme Court Addresses “Transportation Worker” Exemption From the Federal Arbitration Act
In a unanimous decision (8-0, with Justice Barrett recused) today, the U.S. Supreme Court clarified who qualifies as a “transportation worker” for purposes of the exemption from the Federal Arbitration Act (FAA).
Law Alert: Federal court holds that Washington wage and hour laws do not apply to Washington resident over-the-road truck driver.
A former employee over-the-road truck driver for a national motor carrier sued in Washington federal court seeking to represent a class of Washington-resident drivers to recover damages under Washington law for unpaid minimum wage, overtime, rest breaks, and derivative claims. Washington is one of a few states that does not exempt interstate over-the-road truck drivers from state overtime laws.
Law Alert: Solicitor General Recommends the Supreme Court Deny Review of Trucking Case Challenging California’s AB-5
The Solicitor General (SG) of the United States (the federal government’s representative before the Supreme Court) filed a brief recommending the Supreme Court deny review of California Trucking Association’s (CTA) case challenging the application of AB 5.
Scopelitis in the News: "Mock Trial Showcases Nuances of Tire-Related Accidents." March 9, 2022. Transport Topics.
Transport Topics coverage of a mock trial led by Scopelitis at the 2022 Annual Meeting & Transportation Technology Exhibition that showcased what could happen after a tire-related traffic accident.
Law Alert: New Federal Arbitration Law - Impact on Transportation Providers
Congress passed H.R. 4445, the “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021.” The primary provisions of the new law appear to fall outside of the Federal Arbitration Act (FAA). However, the law does amend certain parts of the FAA to ensure that the new provisions concerning sexual assault and harassment claims apply “notwithstanding” anything to the contrary found in the FAA. Our arbitration team shares key takeaways for transportation providers.
The Transportation Brief®: A Quarterly Newsletter, Winter 2022
In this issue:
• Unclaimed Property: A Lurking Liability for the Unwary
• M&A Considerations for Air and Ocean Forwarders
• Transportation Worker Exemption from the FAA Requires a “Contract of Employment”
• Supreme Court Stays and OSHA Withdraws Vaccine/Testing Mandate
• Spotlight on Cargo Claim Practice
• Scopelitis Attorneys on the Road
• Scopelitis For the Record
Law Alert: Supreme Court Stays OSHA’s Vaccine/Testing Mandate
The Supreme Court ordered a stay of OSHA’s COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS). The Court held that Congress had not given OSHA authority to issue such a sweeping regulation addressing a public health concern that was not an occupation-specific risk.
Scopelitis in the News: "Will the U.S. Supreme Court Finally Fix the Ninth Circuit's Preemption Problem in California Trucking Association v. Bonta?" December 2021. Transportation Lawyers Association's The Transportation Lawyer Magazine.
Scopelitis Partner Jay Taylor explains how California enacted AB5 to outlaw owner-operators, how Congress enacted the FAAAA in 1994 to preempt exactly this kind of anti-competitive state regulation, and how the Ninth Circuit's impossibly high bar to preemption frustrates the purpose of the FAAAA and flouts the Supreme Court's precedent on the subject.
Law Alert: Illinois Appellate Court Issues BIPA Ruling that May Drastically Increase Exposure for Transportation Companies Operating in Illinois
This week, an Illinois Appellate Court issued a ruling with the potential to dramatically increase liability under Illinois' Biometric Information Privacy Act (BIPA), which could lead to many more class action lawsuits against transportation companies operating in Illinois.
The Transportation Brief®: A Quarterly Newsletter, Autumn 2021
In this issue:
• Vaccination Mandates Take Shape
• Enforcing Choice-of-Law Provision, Federal Court Dismisses Illinois Wage Claim
• Freight Broker Class Action Attacks Continue
• Massachusetts Considers ABC Test for Joint Employment
• FAAAA/AB5 U.S. Supreme Court Developments
• Spotlight on Cargo Claim & Freight Charge Practice
• Scopelitis Attorneys on the Road
• Scopelitis For the Record
Law Alert: IRS Guidance on 100% Deduction for Meal Portion of Per Diem Reimbursement
New guidance from the IRS makes clear that motor carriers with drivers subject to hours of service requirements can temporarily deduct the meal portion of per diem expense reimbursements at 100% instead of 80%.
Law Alert: OSHA Vaccine Mandate Developments
The Judicial Panel on Multidistrict Litigation held a lottery which determined that the multiple challenges to OSHA's ETS on COVID-19 Vaccination and Testing would be consolidated and heard in the United States Court of Appeals for the Sixth Circuit.
Law Alert: Supreme Court Asks for Solicitor General to Weigh In On AB 5 Preemption Challenge
The Supreme Court invited the Solicitor General to file a brief expressing the federal government’s views on whether the Supreme Court should hear California Trucking Association’s suit claiming federal law preempts California’s AB 5, which imposes a restrictive ABC test to determine worker classification.
Law Alert: OSHA ETS on Vaccines and Testing Temporarily Stayed
The United States Court of Appeals for the Fifth Circuit issued a temporary stay of the Occupational Safety and Health Administration’s (OSHA) Emergency Temporary Standard (ETS) on Vaccines and Testing, which applies to employers with more than 100 employees.
Law Alert: OSHA Issues Emergency Regulations Requiring Vaccination or Weekly Testing
President Biden announced an action plan which called for OSHA to draft and issue ETS designed to reduce Covid-19 infection numbers. Specifically, the President has called for private employers with at least 100 employees to ensure either that (1) all employees are vaccinated; or (2) all employees are tested at least weekly.
Scopelitis Leads Client to a Major Defense Verdict Before Lake County Jury
Last week the Scopelitis Law Firm’s Commercial Litigation Team secured a complete defense verdict involving a non-compete agreement/interference with contract action brought forward in notoriously challenging Lake County, Indiana.