JOHEL VALIENTE, ET AL V. SWIFT TRANSP. CO. OF ARIZ., No. 21-55456 (9th Cir. 2022)
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In 2018, the Federal Motor Carrier Safety Administration (FMCSA) decided to preempt California’s MRB rules with respect to truck drivers subject to federal regulations. Swift Transportation (Plaintiffs) argued that the presumption against retroactive application of laws operates here to allow their lawsuit to proceed despite the FMSCA’s preemption of California’s meal and rest break (MRB) rules.
The Ninth Circuit affirmed the district court’s summary judgment in favor of Swift Transportation Co. of Arizona, LLC in a class action brought by former hourly truck drivers for (“Plaintiffs”) alleging violations of California’s MRB rules and derivative state-law claims. The panel applied the retroactivity test set forth in Landgraf v. USI FilmProducts, 511 U.S. 244, 263-64, 280 (1994). Under step one of the twostep test, the panel held that because Congress clearly intended for the FMSCA to have the power to halt enforcement of state laws, and because the FMSCA intended for this particular preemption determination to apply to pending lawsuits, the FMSCA’s decision prohibits present enforcement of California’s MRB rules regardless of when the underlying conduct occurred. The panel held that it need not reach the second step of the Landgraf analysis.
Court Description: Preemption / Motor Carrier Safety Act. The panel affirmed the district court’s summary judgment in favor of Swift Transportation Co. of Arizona, LLC in a class action brought by former hourly truck drivers for Swift Transportation (“Plaintiffs”) alleging violations of California’s meal and rest break (“MRB”) rules and derivative state-law claims. In 2018, the Federal Motor Carrier Safety Administration (FMCSA) decided to preempt California’s MRB rules with respect to truck drivers subject to federal regulations. In International Brotherhood of Teamsters, Local 2785 v. Federal Motor Carrier Safety Administration, 986 F.3d 841, 846 (9th Cir. 2021), this Court held that the agency’s decision was a lawful exercise of its power under the Motor Carrier Safety Act of 1984. Here, the panel addressed the question left open by International Brotherhood and held that the preemption decision also barred plaintiffs from proceeding with lawsuits that commenced before the decision was made. Plaintiffs argued that the presumption against retroactive application of laws operates here to allow their lawsuit to proceed despite the FMSCA’s preemption of California’s MRB rules. The panel applied the retroactivity test set forth in Landgraf v. USI FilmProducts, 511 U.S. 244, 263-64, 280 (1994). Under step one of the two- step test, the panel held that because Congress clearly intended for the FMSCA to have the power to halt enforcement of state laws, and because the FMSCA intended for this particular preemption determination to apply to pending lawsuits, the FMSCA’s decision prohibits present enforcement of California’s MRB rules regardless of when the underlying conduct occurred. The panel held that it need not reach the second step of the Landgraf analysis. Dissenting, District Judge Humetewa agreed with the majority that resolution of the issue required an analysis under the Landgraf retroactivity test, but she disagreed as to the conclusions reached in applying the framework to the question raised here. Unlike the majority, she did not find any language in the Motor Carrier Safety Act of 1984 showing Congress’s express intent to grant the FMCSA authority to promulgate rules that apply retroactively. Judge Humetewa also disagreed with the majority’s holding that it was unnecessary to reach Landgraf’s second step. She would reverse the district court’s order granting summary judgment for Swift Transportation and allow Plaintiffs’ MRB claims arising prior to the date of the preemption decision to proceed.
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