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Law Alert: CTA v. Bonta -- Still Awaiting Supreme Court Decision on Whether to Hear AB 5 Challenge

by Shannon M. Cohen, Gregory M. Feary, Prasad Sharma

June 27, 2022

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.

The Court did deny review in C.H. Robinson v. Miller, which focused on the safety exception in the preemption statute. At present, there are no additional Orders days scheduled and the Court’s next scheduled conference is October 7 so a decision is not likely before then, though it is possible the Court could reach and issue a decision before then (if for example, it is awaiting the completion of a dissenting opinion).

While there may be a multitude of reasons a decision was not issued, one suggestion is there continues to be interest in analyzing the issues presented in both cases. 

The Firm will continue to monitor the cases for future developments. For more information, contact Scopelitis Partners Greg FearyShannon Cohen, or Prasad Sharma.



News from Scopelitis is intended as a report to our clients and friends on developments affecting the transportation industry. The published material does not constitute an exhaustive legal study and should not be regarded or relied upon as individual legal advice or opinion.