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Dent V. Nfl Lmra 301 Preemption – The Ninth Circuit Court Of Appeals Throws A Penalty Flag On The Nfl, Justin C. Trimachi Mar 2021

Dent V. Nfl Lmra 301 Preemption – The Ninth Circuit Court Of Appeals Throws A Penalty Flag On The Nfl, Justin C. Trimachi

Golden Gate University Law Review

Part I of this Note will discuss the procedural history of the case, the Ninth Circuit’s application of the two-pronged test to determine if LMRA 301 preempted the players’ state-law claims, the facts of Dent v. NFL, and finally a brief history of the NFL and its usage of CBAs. Part II will give a brief overview of the Supreme Court’s development of LMRA 301 jurisprudence as well as its rulings on when LMRA 301 should preempt state-law tort claims. Part III will discuss the decisions by the Eighth Circuit in Williams and by the Eleventh Circuit in Atwater. Part …


Rittmann V. Amazon.Com, Inc.: Ninth Circuit Rules Amazon’S Drivers Fall Within The Federal Arbitration Act’S “Transportation Worker Exemption”, Isabella Borges Mar 2021

Rittmann V. Amazon.Com, Inc.: Ninth Circuit Rules Amazon’S Drivers Fall Within The Federal Arbitration Act’S “Transportation Worker Exemption”, Isabella Borges

Golden Gate University Law Review

Amazon is among a large list of corporations that have long tried to enforce mandatory arbitration against delivery drivers who file suit in their respective jurisdictions. In recent years, delivery drivers have decided to fight back against private arbitration and to have their legal battles heard in court. In these cases, delivery drivers argue that they are exempt from arbitration under the Federal Arbitration Act (“FAA”) because they are engaged in interstate commerce. Section 1 of the FAA exempts from arbitration “contracts of employment of seaman, railroad employees, or any other class of workers engaged in foreign or interstate commerce.” …


The Dynamex Dichotomy And The Path Forward, Leticia Chavez Jan 2021

The Dynamex Dichotomy And The Path Forward, Leticia Chavez

Golden Gate University Law Review

The gig economy is a collection of markets that connects consumers with on-demand service providers (“gig workers”), and it has revolutionized the way in which consumers seek and receive services, such as transportation and household tasks. The ease of calling an Uber or Lyft, as opposed to hailing a cab, led to a decrease in arrests for driving under the influence in major cities. Similarly, it transformed the way in which many workers seek and perform work, as many gig workers enjoy flexibility and control over their work schedule. Gig workers can work for multiple platforms and also have authority …