On March 9, 2018, Koeller, Nebeker, Carlson & Haluck, LLP filed an Amicus Curiae brief with the United States Supreme Court on behalf of the Trucking Insurance Defense Association (TIDA) in the case J.B. Hunt Transport, Inc. v. Gerardo Ortega, et al. The authoring and filing of the Amicus Curiae brief was a collaborative effort between KNCH’s Irvine, Sacramento, and Phoenix offices and attorneys David W. Kash, Zachary M. Schwartz, LaKeysia R. Beene, and Eric Brumfield. To view the Amicus Brief, see below.
Recognizing KNCH’s excellence in its commercial transportation defense and representation experience, especially in California and Arizona, TIDA requested KNCH prepare and file the brief on its behalf because of the important and vast implications of the Ninth Circuit’s ruling on the trucking industry.
The Ninth Circuit holding in J.B. Hunt Transport, Inc. v. Gerardo Ortega, et al. allows California to impose mandatory meal-and-rest-break laws on the trucking industry in contravention of the preemption provided by the Federal Aviation Administration Authorization Act of 1994 (FAAAA). The FAAAA prohibits states from enacting or enforcing rules having the force and effect of law relating to price, route, or service of motor carriers. The Ninth Circuit, along with the Eleventh Circuit, have skirted pre-emption and Supreme Court precedent by creating and applying their own standard to impose the mandatory meal-and-rest-break laws on motor carriers and truck drivers. The Ninth Circuit decision ignores the significant impact that a patchwork of state meal-and-rest-break laws will have on motor carriers’ prices, routes, and services. The case is being closely watched by many entities, groups, and industries across the Country because of its wide-spread impact.
The preparation and filing of the Amicus Curiae brief on behalf of TIDA is a great opportunity to showcase KNCH’s services, experience, and cooperation on the national stage.Download Copy of Amicus Brief »