Government,
9th U.S. Circuit Court of Appeals
Nov. 25, 2022
US agency can preempt state’s trucker laws retroactively
9th Circuit Judge Holly A. Thomas, an appointee of President Joe Biden, ruled that a 2018 decision by the Federal Motor Carrier Safety Administration should apply retroactively.
A federal appellate court’s 2-1 ruling that a government agency can preempt California’s meal and rest break laws for long haul truckers should apply retroactively to plaintiffs who filed lawsuits beforehand.
Wednesday’s decision by a 9th U.S. Circuit Court of Appeals panel is a victory for Swift Transportation Co. of Arizona and affirms a summary judgment ruling by Senior U.S. District Judge Virginia A. Phillips of Los Angeles.
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