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Capriole V. Uber Technologies Inc.: The Court Split Over The Interstate Commerce Worker Exemption Of The Federal Arbitration Act, Spencer Sellers
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.4th 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 …
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?