FAA’s Transportation Worker Exemption Applied To Fueling Technicians To Green Light Their Class Action And Side-Step Arbitration

On July 19, 2024, in Lopez v. Aircraft Service International, Inc., Case No. 23-55015 (9th Cir. July 19, 2024), the U.S. Court of Appeals for the Ninth Circuit held that the Federal Arbitration Act’s (FAA) transportation worker exemption applies to an airplane fueling technician.  Even though the technician had no hands-on contacts with goods, the Ninth Circuit held that was not required because fuel is necessary to flying the plane that holds the goods.  The decision is yet another from the Ninth Circuit broadly applying the FAA’s transportation worker exemption, in spite of multiple recent decisions from the U.S. Supreme Court directing narrow that loop hole to mandatory arbitration.  The Lopez decision presents an obstacle for employers seeking to enforce arbitration agreements and class action waivers within the Ninth Circuit, thereby opening the door to arguments that workers who do not even handle goods in the stream of commerce are exempt from arbitration if their work somehow supports the mechanism by which the goods travel.

To read the full text of this post by Eden E. Anderson, Rebecca S. Bjork, and Gerald L. Maatman, Jr., please visit the Duane Morris Class Action Defense Blog.

FAA Gives Details on $10 Billion in CARES Act Funds for Airports

On April 14, 2020, the Federal Aviation Administration (FAA) issued information regarding the application for and distribution of approximately $10 billion in relief funds to airports that fall within four categories under the Coronavirus Aid, Relief and Economic Security Act (CARES Act), signed into law on March 27, 2020.

To read the full text of this Duane Morris Alert, please visit the firm website.

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The opinions expressed on this blog are those of the author and are not to be construed as legal advice.

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