Penske Logistics, LLC v. Dilts

Case Updates

In its brief, the U.S. Chamber urged the U.S. Supreme Court to grant a certiorari petition to clarify whether the FAAAA, which deregulated the motor carrier industry, preempts enforcement of California’s meal and rest break laws as applied to motor carriers. The Chamber's brief argued that the Ninth Circuit erred when it constructed a novel test limiting the scope of FAAAA preemption to laws that “bind” an air carrier to a particular price, route, or service. The Chamber explained that this cramped reading of the preemption provision is incompatible with the text and intent of the FAAAA and Supreme Court precedent interpreting the FAAAA, and is in tension with the approach applied by the First Circuit and other federal courts.

Paul DeCamp and Collin O'Connor Udell of Jackson Lewis P.C. represented the U.S. Chamber of Commerce as counsel to the U.S. Chamber Litigation Center in this case.