Legal Opinion · Dissent

Swift Transportation Co. v. United States District Court for District of Arizona

Court of Appeals for the Ninth Circuit

Decided July 26, 2016No. 15-70592Published

1DissentIkuta, Circuit Judge

Interstate truck driver Van Dusen signed an agreement with Swift designating Van Dusen as an independent contractor. The agreement also stated that the parties would arbitrate any dispute. Van Dusen now says that she was actually an employee and the contract was really one of employment, so it was exempt from the Federal Arbitration Act (FAA). We have twice before given this district court a single task: Decide whether the agreement falls into the category of “contracts of employment” for purposes of the FAA. Instead, six years after our first ruling, the district court is erroneously…

2Cases cited13 opinions

  1. Rex K. DeGEORGE, Petitioner, v. UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA, RespondentCourt of Appeals for the Ninth Circuit · 2000
  2. In Re Van DusenCourt of Appeals for the Ninth Circuit · 2011
  3. David Valenzuela-Gonzalez v. United States District Court for the District of Arizona, United States of America, Real Party in InterestCourt of Appeals for the Ninth Circuit · 1990
  4. Modzelewski v. Resolution Trust Corp.Court of Appeals for the Ninth Circuit · 1994
  5. Sussex v. United States District CourtCourt of Appeals for the Ninth Circuit · 2015

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