Supreme Court of the United States · Official docket →
Amazon.com, Inc., et al. v. Bernadean Rittmann, et al.
Paid petition · United States Court of Appeals for the Ninth Circuit, No. 19-35381 · judgment August 19, 2020
Before the decision, about 6.6× the 4.1% base rate. The model weighted this up for counsel with five or more prior petitions here, a Ninth Circuit decision below, and a circuit split argued in the 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.
Counsel of record
For petitioner
David B. Salmons
Morgan, Lewis & Bockius LLP
For respondent
Shannon Liss-Riordan
Lichten & Liss-Riordan, P.C.
Case
Conference history
Distributed for 1 conference
Amicus briefs
2 cert-stage
Proceedings
- Feb 22 2021Petition DENIED.
- Feb 03 2021DISTRIBUTED for Conference of 2/19/2021.
- Feb 02 2021Reply of petitioners Amazon.com, Inc., et al. filed. (Distributed)
- Jan 15 2021Motion to delay distribution of the petition for a writ certiorari until February 3, 2021 granted.
- Jan 14 2021Motion 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.
- Jan 13 2021Brief of respondents Bernadean Rittmann,et al. in opposition filed.
- Dec 09 2020Brief amici curiae of Washington Legal Foundation and Allied Educational Foundation filed.
- Dec 09 2020Brief amici curiae of Civil Justice Association of California, et al. filed.
- Nov 23 2020Motion to extend the time to file a response is granted and the time is extended to and including January 13, 2021.
- Nov 20 2020Motion to extend the time to file a response from December 9, 2020 to January 13, 2021, submitted to The Clerk.
- Nov 04 2020Petition for a writ of certiorari filed. (Response due December 9, 2020)