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“Will the U.S. Supreme Court Finally Fix The Ninth Circuit’s Preemption Problem In California Trucking Association v. Bonta?” -Transportation Lawyers Association’s The Transportation Lawyer Magazine

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.

click image for full article

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.

“Will the U.S. Supreme Court Finally Fix The Ninth Circuit’s Preemption Problem In California Trucking Association v. Bonta?” -Transportation Lawyers Association’s The Transportation Lawyer Magazine

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.

click image for full article

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.