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× 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 (flagged in the petition).
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
Conference history
Distributed for 3 conferences
Amicus briefs
5 cert-stage · 1 merits
(1 supporting pet./neither)
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)