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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


Certiorari denied · February 22, 2021
Pre-decision estimate: 27% cert probability (95% interval 20%–36%)

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

  1. Feb 22 2021
    Petition DENIED.
  2. Feb 03 2021
    DISTRIBUTED for Conference of 2/19/2021.
  3. Feb 02 2021
    Reply of petitioners Amazon.com, Inc., et al. filed. (Distributed)
  4. Jan 15 2021
    Motion to delay distribution of the petition for a writ certiorari until February 3, 2021 granted.
  5. Jan 14 2021
    Motion 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.
  6. Jan 13 2021
    Brief of respondents Bernadean Rittmann,et al. in opposition filed.
  7. Dec 09 2020
    Brief amici curiae of Washington Legal Foundation and Allied Educational Foundation filed.
  8. Dec 09 2020
    Brief amici curiae of Civil Justice Association of California, et al. filed.
  9. Nov 23 2020
    Motion to extend the time to file a response is granted and the time is extended to and including January 13, 2021.
  10. Nov 20 2020
    Motion to extend the time to file a response from December 9, 2020 to January 13, 2021, submitted to The Clerk.
  11. Nov 04 2020
    Petition for a writ of certiorari filed. (Response due December 9, 2020)