Supreme Court of the United States · Official docket →
American Eagle Express, Inc., dba AEX Group v. Ever Bedoya, et al.
Paid petition · United States Court of Appeals for the Third Circuit, No. 18-1641 · judgment January 29, 2019
Before the decision, about 3.3× the 4.1% base rate. The model weighted this up for a Third Circuit decision below, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition).
Question presented
The Federal Aviation Administration Authorization Act of 1994 (FAAAA) provides that a state “may not enact or enforce a law, regulation, or other provision having the force and effect of law related to a price, route, or service of any motor carrier . . . with respect to transportation of property.” 49 U.S.C. § 14501(c)(1). The questions presented are:
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Whether the Third Circuit erred by holding that New Jersey’s statutory test for determining employment classification is not preempted under the FAAAA, applying a novel preemption test that conflicts with the decisions of this Court and deepens the already-existing circuit split.
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Whether the presumption against preemption applies in the context of a statutory express preemption clause where the claims at issue involve areas historically regulated by the States.
Counsel of record
For petitioner
Joseph Charles DeBlasio
Jackson Lewis P.C.
For respondent
Harold Louis Lichten
Lichten & Liss-Riordan, P.C.
Case
Conference history
Distributed for 2 conferences
Proceedings
- Oct 07 2019Petition DENIED.
- Sep 11 2019DISTRIBUTED for Conference of 10/1/2019.
- Sep 11 2019Reply of petitioner American Eagle Express, Inc., dba AEX Group filed. (Distributed)
- Aug 28 2019Brief of respondents Ever Bedoya, et al. in opposition filed.
- Jul 16 2019Motion to extend the time to file a response is granted and the time is extended to and including August 28, 2019.
- Jul 12 2019Motion to extend the time to file a response from July 29, 2019 to August 28, 2019, submitted to The Clerk.
- Jun 28 2019Response Requested. (Due July 29, 2019)
- Jun 12 2019DISTRIBUTED for Conference of 10/1/2019.
- Jun 06 2019Waiver of right of respondents EVER BEDOYA, et al. to respond filed.
- Apr 29 2019Petition for a writ of certiorari filed. (Response due June 3, 2019)