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California Trucking Association, Inc., et al. v. Rob Bonta, Attorney General of California, et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 20-55106, 20-55107 · judgment April 28, 2021


Certiorari denied · June 30, 2022
Pre-decision estimate: 12% cert probability (95% interval 8%–17%)

Before the decision, about 2.9× the 4.1% base rate. The model weighted this up for a Ninth Circuit decision below, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition), and down for a state or local-government respondent.

Question presented

The Federal Aviation Administration Authorization Act (“FAAAA”) expressly preempts state laws “related to a price, route, or service, of any motor carrier.” 49 U.S.C. § 14501(c)(1). The question presented is whether the FAAAA preempts the application to motor carriers of a state worker-classification law that effectively precludes motor carriers from using independent owner-operators to provide trucking services.

Counsel of record

For petitioner
Charles Rothfeld
Mayer Brown LLP

For respondent
Samuel Thomas Harbourt
California Department of Justice, Office of the Solicitor General

Case

Conference history
Distributed for 3 conferences

Amicus briefs
12 cert-stage

Proceedings

  1. Jun 30 2022
    Petition DENIED.
  2. Jun 29 2022
    DISTRIBUTED for Conference of 6/29/2022.
  3. Jun 07 2022
    DISTRIBUTED for Conference of 6/23/2022.
  4. Jun 03 2022
    Supplemental brief of petitioners California Trucking Association, Inc., et al. filed. (Distributed)
  5. May 24 2022
    Brief amicus curiae of United States filed.
  6. Nov 15 2021
    The Solicitor General is invited to file a brief in this case expressing the views of the United States.
  7. Oct 27 2021
    DISTRIBUTED for Conference of 11/12/2021.
  8. Oct 26 2021
    Reply of petitioners California Trucking Association, Inc., et al. filed. (Distributed)
  9. Oct 12 2021
    Brief of respondents Robert Bonta, et al. in opposition filed.
  10. Oct 12 2021
    Brief of International Brotherhood of Teamsters in opposition filed.
  11. Sep 10 2021
    Brief amicus curiae of Transportation Intermediaries Association, Inc. filed.
  12. Sep 10 2021
    Brief amicus curiae of Intermodal Association of North America filed.
  13. Sep 10 2021
    Brief amici curiae of American Trucking Associations, Inc., et al. filed.
  14. Sep 10 2021
    Brief amicus curiae of Chamber of Commerce of the United States of America filed.
  15. Sep 10 2021
    Brief amici curiae of 48 State Trucking Associations filed.
  16. Sep 10 2021
    Brief amicus curiae of Owner-Operator Independent Drivers Association, Inc. filed.
  17. Sep 10 2021
    Brief amici curiae of Shipper Trade Associations filed.
  18. Sep 09 2021
    Brief amicus curiae of Minnesota Trucking Association filed.
  19. Sep 09 2021
    Brief amicus curiae of Western States Trucking Association, Inc. filed.
  20. Aug 31 2021
    Brief amicus curiae of National Motor Freight Traffic Association, Inc. filed.
  21. Aug 23 2021
    Motion to extend the time to file a response is granted and the time is extended to and including October 12, 2021. See Rule 30.1.
  22. Aug 20 2021
    Motion to extend the time to file a response from September 10, 2021 to October 11, 2021, submitted to The Clerk.
  23. Aug 18 2021
    Letter dated August 16, 2021 from counsel for petitioner received.
  24. Aug 16 2021
    Brief amicus curiae of Washington Legal Foundation filed.
  25. Aug 09 2021
    Petition for a writ of certiorari filed. (Response due September 10, 2021)