Scopelitis, Garvin, Light, Hanson & Feary, P.C.

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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.

by R. Jay Taylor, Jr.

December 2021

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. 

 

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