Petition of the day

By Kate Howard
on May 24, 2016 at 11:10 pm

The petition of the day is:

Issue: (1) Whether the California Court of Appeal erred by holding, in direct conflict with DirectTV v. Imburgia, that the parties’ agreement to apply the Federal Arbitration Act (“FAA”) to govern their arbitration contract was unenforceable because the FAA’s transportation worker exemption applied; and (2) whether the California Court of Appeal erred by holding, in direct conflict with the Second, Eighth, and Eleventh Circuits, that an employee was exempt from the FAA as a “transportation worker” even though he was not employed in the transportation industry.