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Following Rittmann v. Amazon.com, Inc. (9th Cir. 2020) 971 F.3d 904, this decision holds that drivers who drove goods from in-state warehouses to Domino's franchisees in California are workers engaged in interstate commerce within the meaning of the exception to the FAA's scope.  These drivers handled the last stage of transportation of the goods from out-of-state sources to the California… Read More

The federal Poultry and Poultry Products Inspection Act (21 U.S.C. §§ 451 et seq.) expressly preempts state laws that impose different or additional labeling requirements to the labels approved by the Secretary of Agriculture under the PPIA.  (21 U.S.C. 467e.)  Defendant bears the burden of proving federal preemption and thus, when the issue is contested, must prove that the Secretary… Read More

The FAA applies to an arbitration clause in an employment agreement involved in interstate commerce and preempts California Labor Code 229 which forbids arbitration of wage and hour claims.  The parties did not elect out of FAA preemption by a choice of law clause in the employment contract generally choosing California law, but not specifically choosing California law regarding arbitration… Read More

The International Convention on the Recognition and Enforcement of Foreign Arbitral Awards contains a self-executing direction for the courts of the signatory states to compel arbitration of agreements falling within the Convention's scope.  Since that provision is self-executing and not an "Act of Congress," the McCarran-Ferguson Act does not reverse preempt it.  Accordingly, the Convention preempts Washington state law that… Read More

Employer sued the union and its workers for RICO violations, claiming that the workers and the union had conspired to fraudulently furnish timesheets reporting hours that were not actually worked, causing employer to overpay the workers by $5.3 million.  Over a strong dissent, this opinion holds that the suit is preempted by section 301 of the LMRA because the collective… Read More

The federal Poultry Products Inspection Act (21 U.S.C. § 467e) preempts Webb's state law claims that Trader Joe's labels are misleading in stating that they contain less than 5% retained water.  Under the PPIS, a poultry products producer must file with the Food Safety and Inspection Service a proposed protocol for measuring retained water.  Unless the FSIS objects within 30… Read More

Following Bates v. Dow Agrosciences (2005) 125 S.Ct. 1788, this decision holds that a state law claim for failure to warn of the dangers of glyphosate, the active ingredient in Roundup, is not expressly or impliedly preempted by FIFRA.  The warning that plaintiff claimed Monsanto should have put on Roundup labels was not in addition to or different from FIFRA's… Read More

The dormant Commerce Clause does not prohibit California from applying its labor laws to airline employees who reside or are employed predominantly in California.  The airline's block time method of computing pay was similar to the pay scheme approved in Oman v. Delta Air Lines, Inc. (2020) 9 Cal.5th 762, and so did not offend California Labor Code guarantees of… Read More

A defendant can be held liable for negligent misrepresentation on two disparate theories.  First, under Rest.2d Torts section 311, a defendant may be liable for negligent misrepresentation in endorsing a product that physically harms the plaintiff.  (See Hanberry v. Hearst Corp. (1969) 276 Cal.App.2d 680.)  Here, plaintiff suffered no physical injury and so couldn't rely on that theory to pursue… Read More

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