Supreme Court of the United States · Official docket →
C.H. Robinson Worldwide, Inc. v. Allen Miller
Paid petition · United States Court of Appeals for the Ninth Circuit, No. 19-15981 · judgment September 28, 2020
Before the decision, about 3.4× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a Ninth Circuit decision below, and a dissent in the court below.
Question presented
Congress enacted the Federal Aviation Administration Authorization Act (FAAAA) to deregulate the trucking industry. The statute preempts a “[state] law, regulation, or other provision” that is “related to a price, route, or service of any motor carrier * * * or * * * broker.” 49 U.S.C. 14501(c)(1). Another provision—commonly known as the “safety exception”—preserves the “safety regulatory authority of a State with respect to motor vehicles.” 49 U.S.C. 14501(c)(2)(A). The question presented is whether a common-law negligence claim against a freight broker is preempted because it does not constitute an exercise of the “safety regulatory authority of a State with respect to motor vehicles” within the meaning of the FAAAA’s safety exception.
Counsel of record
For petitioner
Kannon K. Shanmugam
Paul, Weiss, Rifkind, Wharton & Garrison LLP
For respondent
Rena Mara Leizerman
The Law Firm for Truck Safety
Case
Subject area
Federalism (estimated from the questions presented, in the Supreme Court Database’s categories)
Conference history
Distributed for 3 conferences
Amicus briefs
5 cert-stage · 1 merits
(1 supporting pet./neither)
Orders
Order list, October 4, 2021
Order list, June 27, 2022 · Certiorari denied
Proceedings
- Jun 27 2022Petition DENIED.
- Jun 07 2022DISTRIBUTED for Conference of 6/23/2022.
- Jun 07 2022Supplemental brief of petitioner C.H. Robinson Worldwide, Inc. filed. (Distributed)
- May 24 2022Brief amicus curiae of United States filed.
- Oct 04 2021The Acting Solicitor General is invited to file a brief in this case expressing the views of the United States.
- Jul 07 2021DISTRIBUTED for Conference of 9/27/2021.
- Jul 07 2021Reply of petitioner C.H. Robinson Worldwide, Inc. filed. (Distributed)
- Jun 22 2021Motion to delay distribution of the petition for a writ certiorari until July 7, 2021 granted.
- Jun 18 2021Motion of petitioner to delay distribution of the petition for a writ of certiorari under Rule 15.5 from June, 30, 2021 to July 7, 2021, submitted to The Clerk.
- Jun 16 2021Brief of respondent Allen Miller in opposition filed.
- May 19 2021Brief amici curiae of National Association of Manufacturers, National Retail Federation, and Chamber of Commerce of the United States of America filed.
- May 19 2021Brief amicus curiae of Transportation Intermediaries Association, Inc. filed.
- May 19 2021Brief amici curiae of Leading Industry Freight Brokers filed.
- May 19 2021Brief amicus curiae of DRI–The Voice of the Defense Bar filed.
- May 19 2021Brief amicus curiae of Interested Freight Motor Carriers filed.
- Apr 26 2021Motion to extend the time to file a response is granted and the time is extended to and including June 18, 2021.
- Apr 22 2021Motion to extend the time to file a response from May 19, 2021 to June 18, 2021, submitted to The Clerk.
- Apr 19 2021Response Requested. (Due May 19, 2021)
- Apr 14 2021DISTRIBUTED for Conference of 4/30/2021.
- Apr 13 2021Blanket Consent filed by Petitioner, C.H. Robinson Worldwide, Inc.
- Apr 12 2021Waiver of right of respondent Allen Miller to respond filed.
- Apr 08 2021Petition for a writ of certiorari filed. (Response due May 12, 2021)