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WAITHAKA v. AMAZON.COM, INC.

No. 19-1848.

966 F.3d 10 (2020)

Bernard WAITHAKA, on behalf of himself and all others similarly situated, Plaintiff, Appellee, v. AMAZON.COM, INC.; Amazon Logistics, Inc., Defendants, Appellants.

United States Court of Appeals, First Circuit.

July 17, 2020.

Attorney(s) appearing for the Case

David B. Salmons , with whom James P. Walsh, Jr. , Noah J. Kaufman , Michael E. Kenneally , and Morgan, Lewis & Bockius LLP were on brief, for appellants.

Harold L. Lichten , with whom Shannon Liss-Riordan , Adelaide H. Pagano , and Lichten & Liss-Riordan, P.C. were on brief, for appellee.

Archis A. Parasharami and Mayer Brown LLP on brief for the Chamber of Commerce of the United States of America and the National Association of Manufacturers, amici curiae.

Corbin K. Barthold , Richard A. Samp , and Washington Legal Foundation on brief for Washington Legal Foundation, amicus curiae.

Toby J. Marshall , Blythe H. Chandler , Elizabeth A. Adams , Terrell Marshall Law Group PLLC, Jennifer D. Bennett , and Public Justice on brief for Public Justice, amicus curiae.

Before Howard, Chief Judge, Lipez, and Thompson, Circuit Judges.

This putative class action requires us to decide whether employment contracts of certain delivery workers — those locally transporting goods on the last legs of interstate journeys — are covered by the Federal Arbitration Act ("FAA" or the "Act"), given its exemption for "contracts of employment of seamen, railroad...

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