No. 20-622

Amazon.com, Inc., et al. v. Bernadean Rittmann, et al.

Lower Court: Ninth Circuit
Docketed: 2020-11-09
Status: Denied
Type: Paid
Amici (2) Experienced Counsel
Tags: arbitration-exemption arbitration-regimes contract-interpretation federal-arbitration-act interstate-commerce local-delivery ninth-circuit seamen-railroad-employees transportation-workers
Key Terms:
Arbitration Antitrust
Latest Conference: 2021-02-19
Question Presented (AI Summary)

Whether the Federal Arbitration Act's exemption for classes of workers engaged in foreign or interstate commerce prevents the Act's application to local transportation workers who, as a class, are not engaged to transport goods or passengers across state or national boundaries

Question Presented (from Petition)

QUESTION PRESENTED Congress extended the Federal Arbitration Act’s strong support for arbitration to the full reach of its powers to regulate foreign and interstate commerce, with a limited exception for “contracts of employment of seamen, railroad employees, or any other class of workers engaged in foreign or interstate commerce.” 9 U.S.C. 1 (emphasis added). Recognizing that Congress included this exemption to preserve specialized arbitration regimes for seamen and railroad employees, the Court has held that the exemption requires “a narrow construction.” Circuit City Stores, Inc. v. Adams, 532 U.S. 105, 118 (2001). In a divided decision, the Ninth Circuit ruled that Amazon Flex drivers who use their personal vehicles to make local deliveries in a single state are exempt interstate workers because Amazon sells goods that travel in interstate commerce before Flex drivers pick them up for delivery. The question presented is whether the Federal Arbitration Act’s exemption for classes of workers engaged in foreign or interstate commerce prevents the Act’s application to local transportation workers who, as a class, are not engaged to transport goods or passengers across state or national boundaries.

Docket Entries

2021-02-22
Petition DENIED.
2021-02-03
DISTRIBUTED for Conference of 2/19/2021.
2021-02-02
Reply of petitioners Amazon.com, Inc., et al. filed. (Distributed)
2021-01-15
Motion to delay distribution of the petition for a writ certiorari until February 3, 2021 granted.
2021-01-14
Motion of petitioner to delay distribution of the petition for a writ of certiorari under Rule 15.5 from January 27, 2021 to February 3, 2021, submitted to The Clerk.
2021-01-13
Brief of respondents Bernadean Rittmann,et al. in opposition filed.
2020-12-09
Brief amici curiae of Washington Legal Foundation and Allied Educational Foundation filed.
2020-12-09
Brief amici curiae of Civil Justice Association of California, et al. filed.
2020-11-23
Motion to extend the time to file a response is granted and the time is extended to and including January 13, 2021.
2020-11-20
Motion to extend the time to file a response from December 9, 2020 to January 13, 2021, submitted to The Clerk.
2020-11-04
Petition for a writ of certiorari filed. (Response due December 9, 2020)

Attorneys

Amazon.com, Inc., et al.
David B. SalmonsMorgan, Lewis & Bockius LLP, Petitioner
David B. SalmonsMorgan, Lewis & Bockius LLP, Petitioner
Bernadean Rittmann
Shannon Liss-RiordanLichten & Liss-Riordan, P.C., Respondent
Shannon Liss-RiordanLichten & Liss-Riordan, P.C., Respondent
Civil Justice Association, et al.
Fred J. HiestandFred J. Hiestand, A Professional Corporation, Amicus
Fred J. HiestandFred J. Hiestand, A Professional Corporation, Amicus
Washington Legal Foundation and Allied Educational Foundation
Cory L. AndrewsWashington Legal Foundation, Amicus
Cory L. AndrewsWashington Legal Foundation, Amicus