August 29, 2024
The Ninth Circuit refused Thursday to grant two aviation companies' request for a full-court rehearing in their challenge to an order that declined to send an airplane fuel pumper's lawsuit over unpaid wages to arbitration, leaving in place its July ruling that the case must be litigated in court.
August 02, 2024
A Ninth Circuit panel ignored the movement of goods when it ruled that pumping fuel represents interstate commerce, creating a circuit split and disregarding U.S. Supreme Court guidance, said two aviation companies asking the full court to step in.
July 19, 2024
The Ninth Circuit on Friday affirmed that an airplane fuel pumper can proceed with his unpaid wage claims in federal court rather than in arbitration, ruling his work is involved in the flow of interstate commerce and he is thus a transportation worker exempt from the Federal Arbitration Act.
May 10, 2024
Cases that were in the judicial pipeline when the U.S. Supreme Court handed down a ruling on what workers qualify for a carveout from federal arbitration law are poised to be among the first that apply its holding. Here, Law360 discusses three cases that were frozen in anticipation of the high court's decision.
April 17, 2024
Two companies that service airplanes alerted the Ninth Circuit to the U.S. Supreme Court's recent decision regarding the applicability of a worker exemption from the Federal Arbitration Act, saying the high court's ruling supports their contention that fuel pumping is not interstate work that would trigger the carveout.
March 15, 2024
A days-old Ninth Circuit decision underscores that pumping fuel into airplanes is directly related to interstate commerce, a fuel pumper told the appeals court in a separate case, urging it to keep his wage and hour suit out of arbitration.
March 14, 2024
Two aviation companies told the Ninth Circuit that a recent decision the court handed down highlights that workers must come in direct contact with interstate goods to be exempt from arbitration under federal law.
January 05, 2024
In the coming week, attorneys should watch for Ninth Circuit oral arguments dealing with the reach of the transportation worker exemption to federal arbitration requirements. Here's a look at that representative action and other labor and employment matters coming up in California.
August 23, 2023
Fueling cargo planes at Los Angeles International Airport is intertwined with interstate transportation, making a fuel pumper exempt from federal arbitration requirements, the pumper said in urging the Ninth Circuit to uphold a California federal court's decision to keep his wage and hour suit in court.
April 18, 2023
Fuel pumpers have nothing to do with interstate commerce because they don't manage anything that crosses state borders, an airline trade group told the Ninth Circuit, saying a California federal court erred in saving a wage and hour suit from arbitration.