U.S. Court of Appeals Ninth Circuit

News Alert: Appeals court denies request to rehear AB5 decision

A decision by a federal appeals court on Monday could allow California to begin enforcing its independent contractor law over the trucking industry in as soon as one week.

In a 2-1 decision, the U.S. Court of Appeals for the 9th Circuit denied a petition filed last month by the California Trucking Association (CTA) for an en banc rehearing of the court’s April decision that removed a lower court’s injunction exempting the trucking industry from the independent contractor law known as AB5. The...

https://www.freightwaves.com/news/news-alert-appeals-court-denies-request-to-rehear-ab5-decision

California court dismisses XPO meal/rest break complaint

A California district court this week dismissed claims alleged by roughly 500 current and former drivers for XPO Logistics [NYSE: XPO] that the company failed to pay wages for missed meal and rest breaks.

The decision, by the U.S. District Court for the Central District of California in Angel Omar Alvarez, et al v. XPO Logistics Cartage LLC, et al, is part of an ongoing case initiated in 2018 by drivers seeking damages for unpaid wages and benefits based on XPO’s alleged misclassification of its...

https://s29755.pcdn.co/news/california-court-dismisses-xpo-mealrest-break-complaint

Appeals court upholds FMCSA preemption over California meal/rest breaks

The U.S. Court of Appeals for the 9th Circuit has upheld a determination by the Federal Motor Carrier Safety Administration (FMCSA) that California cannot enforce state meal and rest break (MRB) rules that conflict with federal hours-of-service regulations.

The FMCSA’s determination, made in December 2018, granted petitions submitted by the American Trucking Associations and the Specialized Carriers and Rigging Association and was quickly appealed by the International Brotherhood of Teamsters...

https://s29755.pcdn.co/news/appeals-court-upholds-fmcsa-preemption-over-california-mealrest-breaks

Biden win prompts delay request in California rest-break lawsuit

Now that Joe Biden has been named the U.S. president-elect, there is a “very likely” chance his administration will reverse a Trump administration ruling governing California’s meal and rest-break (MLB) laws, according to the International Brotherhood of Teamsters.

Given that likelihood, the Teamsters argue, the U.S. Court of Appeals for the 9th Circuit should delay oral arguments that are scheduled for next Monday because the case could be moot shortly after Biden is sworn in on Jan. 20.

“In...

https://www.freightwaves.com/news/biden-win-prompts-delay-request-in-california-rest-break-lawsuit

Appeals court revives quadriplegic’s negligence claim against C.H. Robinson

A motorist who sued C.H. Robinson (NASDAQ: CHRW) for negligence in the aftermath of a 2016 crash that left him a quadriplegic will get another day in court against the logistics company after a ruling this week by the U.S. Court of Appeals for the 9th Circuit.

A three-judge panel voted 2-1 to reverse and remand a decision by the U.S. Federal District Court for the District of Nevada that had dismissed the case based on federal preemption law, known as the Federal Aviation Administration...

https://s29755.pcdn.co/news/appeals-court-revives-quadriplegics-negligence-claim-against-ch-robinson