Law Alert:  AB 5 Injunction Dissolved in CTA v. Bonta 

by Kelli M. Block, Shannon M. Cohen, Gregory M. Feary, Christopher C. McNatt Jr., Prasad Sharma

August 29, 2022

Today, Judge Benitez of the U.S. District Court for the Southern District of California held a hearing in the California Trucking Association’s (CTA) challenge to enforcement of AB 5 against the trucking industry. As anticipated, Judge Benitez lifted the injunction, which had been reversed by the Ninth Circuit. CTA indicated that it intends to file a new motion for preliminary injunction under the FAAAA preemption standard set forth by the Ninth Circuit and on Dormant Commerce Clause grounds. The judge’s earlier ruling denying the Dormant Commerce Clause challenge, for which CTA sought reconsideration, was vacated. Briefing on the new motion for an injunction will take place this fall. In addition, the court will consider the Owner Operator Independent Drivers Association's motion to intervene in the case.

For more information, contact Scopelitis Partners Greg Feary, Chris McNatt, Shannon Cohen, Prasad Sharma, or Kelli Block. 

 

 

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