§Why CasetextPricing

Plaintiffs Supplemental Brief In Reply To Defendant Doordash Incs Supplemental Brief Re Application of New Prime Inc V Oliveira

Reply

11 Cited authorities

  1. Circuit City Stores, Inc. v. Adams

    532 U.S. 105 (2001)   Cited 1,554 times   52 Legal Analyses
    Holding that the phrase "any other class of workers engaged in ... commerce," following the specific examples of seamen and railroad employees, includes only "transportation workers," because construing it to include all other workers "fails to give independent effect to the statute’s enumeration of the specific categories of workers" that precede it

  2. New Prime Inc. v. Oliveira

    139 S. Ct. 532 (2019)   Cited 316 times   27 Legal Analyses
    Holding that even "[w]hen a contract delegates questions of arbitrability to an arbitrator," "a court should decide for itself whether [the FAA's] 'contracts of employment' exclusion applies before ordering arbitration" because "to invoke its statutory powers under §§ 3 and 4 to stay litigation and compel arbitration according to a contract's terms, a court must first" resolve that "necessarily antecedent statutory inquiry"

  3. Palcko v. Airborne Express, Inc.

    372 F.3d 588 (3d Cir. 2004)   Cited 161 times   5 Legal Analyses
    Holding that a "field services supervisor" of delivery drivers was excluded

  4. Bacashihua v. U.S. Postal Service

    859 F.2d 402 (6th Cir. 1988)   Cited 100 times
    Holding that the union who is party to the CBA has the exclusive right to sue under the FAA, and that the aggrieved employee has no individual standing under the FAA

  5. Levin v. Caviar, Inc.

    146 F. Supp. 3d 1146 (N.D. Cal. 2015)   Cited 30 times
    Holding that local food delivery drivers are not engaged in the interstate transport of goods, though the food may have originated across state lines

  6. Lee v. Postmates Inc.

    Case No. 18-cv-03421-JCS (N.D. Cal. Oct. 15, 2018)   Cited 17 times
    Denying request for stay as to plaintiffs who "might have validly opted out of arbitration" and thus had "a right to bring their claims in court that should not be delayed without good reason"

  7. Christie v. Loomis Armored US, Inc.

    Civil Action No. 10-cv-02011-WJM-KMT (D. Colo. Dec. 9, 2011)   Cited 11 times
    Finding intrastate delivery driver of currency exempt because the deliveries involved "a good that is undisputedly in the stream of interstate commerce"

  8. Tenney Eng'g v. United Electrical Radio & Machine Workers of Am.

    207 F.2d 450 (3d Cir. 1953)   Cited 117 times   1 Legal Analyses
    Holding that employees engaged in the production of goods for subsequent sale in interstate commerce were not a class of workers engaged in interstate commerce within the meaning of the exemption

  9. Rule 5 - Serving and Filing Pleadings and Other Papers

    Fed. R. Civ. P. 5   Cited 22,480 times   16 Legal Analyses
    Allowing service by filing papers with the court's electronic-filing system

  10. Section 1 - "Maritime transactions" and "commerce" defined; exceptions to operation of title

    9 U.S.C. § 1   Cited 11,993 times   208 Legal Analyses
    Defining the word "commerce" in the language of the Commerce Clause itself

  11. Section 1010.6 - Electronic service of document

    Cal. Code Civ. Proc. § 1010.6   Cited 37 times

    (a) A document may be served electronically in an action filed with the court as provided in this section, in accordance with rules adopted pursuant to subdivision (h). (1) For purposes of this section: (A) "Electronic service" means service of a document, on a person, by either electronic transmission or electronic notification. Electronic service may be performed directly by a person, including a party, by a person's agent, including the person's attorney, or through an electronic filing service