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Cal Cartage Transportation Express, LLC, et al. v. California, et al.

Paid petition · Court of Appeal of California, Second Appellate District, No. B304240 · judgment November 19, 2020

Certiorari denied · October 4, 2021
Pre-decision estimate: 7% cert probability (95% interval 4%–11%)

Before the decision, about 1.7× the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a business petitioner, and counsel who has filed here before.

Question presented

Does the Federal Aviation Administration Authorization Act, which expressly preempts state laws “related to a price, route, or service of any motor carrier,” 49 U.S.C. § 14501(c)(1), preempt state worker-classification laws that have an effect on a motor carrier’s prices and services by discouraging the use of independent contractors?

Counsel of record

For petitioner
Joshua Seth Lipshutz
Gibson, Dunn & Crutcher LLP

For respondent
Christopher Scott Munsey
Office of the Los Angeles City Attorney

Case

Subject area
Federalism (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 2 conferences

Amicus briefs
5 cert-stage

Order
Order list, October 4, 2021 · Certiorari denied

Proceedings

  1. Oct 04 2021
    Petition DENIED.
  2. Jul 21 2021
    DISTRIBUTED for Conference of 9/27/2021.
  3. Jul 20 2021
    Reply of petitioners Cal Cartage Transportation Express, LLC, et al. filed. (Distributed)
    Main DocumentCertificate of Word CountProof of Service
  4. Jul 02 2021
    Brief of respondents California, et al. in opposition filed.
    Main DocumentOtherCertificate of Word CountProof of Service
  5. Jun 04 2021
    Amicus brief of Western States Trucking Association not accepted for filing. (Dupilicate submission) (June 11, 2021)
  6. Jun 03 2021
    Brief amici curiae of Washington Legal Foundation and Allied Educational Foundation filed.
    Main DocumentProof of ServiceCertificate of Word Count
  7. Jun 03 2021
    Brief amici curiae of American Trucking Associations, Inc., et al. filed.
    Main DocumentCertificate of Word CountProof of Service
  8. Jun 03 2021
    Brief amicus curiae of Western States Trucking Association filed.
    Main DocumentProof of ServiceCertificate of Word Count
  9. May 28 2021
    Brief amicus curiae of The Minnesota Trucking Association filed.
    Main DocumentCertificate of Word CountProof of ServiceProof of Service
  10. May 27 2021
    Brief amicus curiae of National Motor Freight Traffic Association, Inc. filed.
    Main DocumentProof of ServiceCertificate of Word Count
  11. May 25 2021
    Supplemental brief of petitioners Cal Cartage Transportation Express, LLC, et al. filed.
    Main DocumentCertificate of Word CountProof of Service
  12. May 11 2021
    Motion to extend the time to file a response is granted and the time is extended to and including July 6, 2021.
  13. May 10 2021
    Motion to extend the time to file a response from June 3, 2021 to July 6, 2021, submitted to The Clerk.
    Main DocumentProof of Service
  14. May 04 2021
    Response Requested. (Due June 3, 2021)
  15. May 04 2021
    Blanket Consent filed by Respondent, California, et al.
    Blanket ConsentProof of Service
  16. May 03 2021
    Blanket Consent filed by Petitioner, Cal Cartage Transportation Express, LLC, et al.
    Blanket ConsentProof of Service
  17. Apr 27 2021
    DISTRIBUTED for Conference of 5/13/2021.
  18. Apr 23 2021
    Waiver of right of respondent California, et al. to respond filed.
    Main Document
  19. Apr 13 2021
    Petition for a writ of certiorari filed. (Response due May 17, 2021)
    PetitionAppendixCertificate of Word CountProof of Service