On June 21, 2021, the Supreme Court declined to review a First Circuit decision that misapplied section 1 of the Federal Arbitration Act (known as the “transportation worker exemption”). The decision was a disappointment for WLF, which filed an amicus brief in the case urging review. Although some judge-made tests purport to expand the exemption beyond national and international transportation of goods, WLF argued that these contrived standards defy statutory text and context, produce inconsistent results, and serve no end set forth by Congress. Because the plaintiff in this case made only local deliveries purely intrastate, he falls outside the section 1 exemption. WLF’s brief was joined by the Allied Educational Foundation. The denial of certiorari ensures that the issue will remain a source of confusion for the lower courts.
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