Law Commons^™

Capriole V. Uber Technologies Inc.: The Court Split Over The Interstate Commerce Worker Exemption Of The Federal Arbitration Act, Spencer Sellers

Golden Gate University Law Review

This case note analyzes Capriole v. Uber Techs., Inc., 460 F. Supp. 3d 919 (N.D. Cal. 2020) aff’d, 7 F.4^th 854 (9th Cir. 2021), a case wherein the U.S. Court of Appeals for the Ninth Circuit held that rideshare drivers who are employed as independent contractors do not qualify as interstate commerce workers within the meaning of the Federal Arbitration Act (FAA). Those who qualify as interstate commerce workers are exempt from certain arbitration requirements under the FAA. Because the court found that rideshare drivers do not qualify for this classification, rideshare drivers who want to complain about …

Workmen's Compensation, Jack E. Goshkin

Cal Law Trends and Developments

The reviewing Courts in 1969, enjoyed an open season in reviewing Workmen's Compensation Appeals Board factual determinations, much in the manner reported in last year's article. The comments made by the legislature (and some members of the State Supreme Court) on the courts' hunting without a license have been to no avail.

The legislature, for all practical purposes, was inactive in the field of workmen's compensation. There were important developments in case law, but some of the cases that may well work important changes in the field of workmen's compensation law are presently in various stages of appeal.

Workmen's Compensation, Jack E. Goshkin

Cal Law Trends and Developments

The most significant trend and development in workmen's compensation law in the past year has been the activity of the appellate courts in annulling and reversing the decisions of the Workmen's Compensation Appeals Board. With the Labor Code's severe limitations on the scope of judicial review of WCAB decisions, particularly on the right of the courts to review factual determinations, and with most of the WCAB cases containing factual rather than legal questions, the majority of petitions for writ of review have been and still are being denied.

Another major trend of the past year has been the dramatic reduction …

Worker's Compensation - Stevens V. Director, Office Of Workers' Compensation Programs: Workers' Compensation - When Does A Total Disability Become Partial?, Carol A. Farmer

Golden Gate University Law Review

In Stevens v. Director, Office of Workers' Compensation Programs, the Ninth Circuit held that an employee's disability that was total does not become partial for purposes of compensation until suitable alternative employment is available to the employee. Interpreting the Longshore and Harbor Workers' Compensation Act (LHWCA), the court answered an issue not previously decided: when does a total disability become partial?