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Amazon Logistics, Inc., et al. v. Dirk Clinton, et al.

Paid petition · Court of Appeal of California, Fourth Appellate District, Division Three, No. G064704 · judgment January 7, 2026


3%
estimated cert probability
(petition-stage, structural)
Rule 10: circuit split argued
GVR risk 2%

Well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

In Flowers Foods, Inc. v. Brock, 146 S. Ct. 1358 (2026), this Court held that a worker who transports goods on a purely intrastate leg of an interstate journey “sometimes” may be “engaged in interstate commerce” for purposes of the transportation-worker exemption of the Federal Arbitration Act, 9 U.S.C. § 1. Brock, 146 S. Ct. at 1363. The Court rejected a “bright-line rule” that such a worker could never be exempt and took equal care to explain that the exemption applies only “in certain circumstances,” depending on the specific facts of the intrastate transit the worker performs. Id. at 1365-1366. Acting before Brock, the California Court of Appeal exempted a class of local delivery drivers from the FAA for one reason alone: that “many” of the goods they picked up within California “originated outside [the State] and crossed state lines” at some earlier point. App., infra, 8a. The court denied any legal relevance to the evidence demonstrating that the goods came to rest in California warehouses for weeks on average before customers ordered them and that an outsized share of the delivered items were groceries and similar locally stocked goods. Id. at 12a-13a. The question presented is whether a local delivery driver is engaged in interstate commerce under Section 1 of the Federal Arbitration Act solely because some of the delivered goods previously crossed state lines, without regard to a break in the goods’ transit or their local character.

Counsel of record

For petitioner
Jason Craig Schwartz
Gibson Dunn & Crutcher LLP

For respondent
Jennifer Dale Bennett
Gupta Wessler LLP

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Sep 01 2026
    Motion to extend the time to file a response is granted and the time is extended to and including October 16, 2026.
  2. Aug 31 2026
    Motion to extend the time to file a response from September 17, 2026 to October 16, 2026, submitted to The Clerk.
  3. Aug 18 2026
    Response Requested. (Due September 17, 2026)
  4. Aug 12 2026
    DISTRIBUTED for Conference of 9/28/2026.
  5. Aug 10 2026
    Waiver of right of respondent Dirk Clinton, et al. to respond filed.
  6. Jun 29 2026
    Petition for a writ of certiorari filed. (Response due August 10, 2026)