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CALIFORNIA TRUCKING ASSOCIATION v. SU

No. 17-55133.

903 F.3d 953 (2018)

CALIFORNIA TRUCKING ASSOCIATION, Plaintiff-Appellant, v. Julie A. SU, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed September 10, 2018.

Attorney(s) appearing for the Case

Adam Carl Smedstad , (argued) Scopelitis Garvin Light Hanson & Feary, PC, Chicago, Illinois, for Plaintiff-Appellant.

Miles E. Locker (argued), Department of Industrial Relations, California Division of Labor Standards Enforcement, San Francisco, California, for Defendant-Appellee.

Before: A. Wallace Tashima, Richard A. Paez, and Jacqueline H. Nguyen, Circuit Judges.

OPINION

The issue in this case is whether the Federal Aviation Administration Authorization Act of 1994 ("FAAAA") preempts the California Labor Commissioner's use of a common law test, often referred to as the Borello standard,1 to determine whether a motor carrier has properly...

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