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Employment in Interstate Commerce Exception

The following summaries are of recent published decisions of the California appellate courts, the Ninth Circuit, and the United States Supreme Court. The summaries are presented without regard to whether Severson & Werson represented a party in the case.

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Fli-Lo Falcon, LLC v. Amazon.com, Inc. (9th Cir. 2024) 97 F.4th 1190

FAA section 2's exception for contracts of employment for workers in interstate commerce does not apply to or exempt business entities or commercial contracts from the FAA even if they are engaged in interstate commerce.  Plaintiff was a sophisticated business.  So delegation of arbitrability questions to the arbitrator in accordance with the chosen AAA Rules was not unconscionable.  Accordingly, it… Read More