DILTS v. PENSKE LOGISTICS, LLC

No. 12-55705.

757 F.3d 1078 (2014)

Mickey Lee DILTS; Ray Rios; and Donny Dushaj, on behalf of themselves and all others similarly situated, Plaintiffs-Appellants, v. PENSKE LOGISTICS, LLC; and Penske Truck Leasing Co., L.P., a Delaware corporation, Defendants-Appellees, and Does 1-125, inclusive, Defendants.

United States Court of Appeals, Ninth Circuit.

Filed July 9, 2014.


Attorney(s) appearing for the Case

Deepak Gupta (argued), Brian Wolfman , Gregory A. Beck , and Jonathan E. Taylor , Gupta Beck PLLC, Washington, D.C.; Michael D. Singer and J. Jason Hill , Cohelan Khoury & Singer, San Diego, CA, for Plaintiffs-Appellants.

James H. Hanson (argued), Scopelitis, Garvin, Light, Hanson & Feary, P.C., Indianapolis, IN; and Adam C. Smedstad , Scopelitis, Garvin, Light, Hanson & Feary, P.C., Chicago, IL, for Defendants-Appellees.

Jeffrey Clair (argued) and Stuart F. Delery , Assistant Attorneys General, Civil Division, United States Department of Justice; Kathryn B. Thomson , Acting General Counsel, Paul M. Geier , Assistant General Counsel for Litigation, and Peter J. Plocki , Deputy Assistant General Counsel for Litigation, United States Department of Transportation; and T.F. Scott Darling, III , Chief Counsel, and Debra S. Straus , Senior Attorney, Federal Motor Carrier Safety Administration, Washington, D.C., for Amicus Curiae United States of America.

Richard Pianka , ATA Litigation Center, and Prasad Sharma , American Trucking Associations, Inc., Arlington, VA; Paul DeCamp , Jackson Lewis LLP, Reston, VA; Douglas J. Hoffman , Jackson Lewis LLP, Boston, MA; and Robin S. Conrad and Shane B. Kawka , National Chamber Litigation Center, Inc., Washington, D.C.; Guillermo Marrero , International Practice Group, P.C., San Diego, CA; and Andrew J. Kahn and Richard G. McCracken , Davis, Cowell & Bowe, LLP, San Francisco, CA, for Amici Curiae.

Before: ALEX KOZINSKI, Chief Judge, SUSAN P. GRABER, Circuit Judge, and JACK ZOUHARY, District Judge.


OPINION

GRABER, Circuit Judge:

Plaintiffs, a certified class of drivers employed by Defendants Penske Logistics, LLC, and Penske Truck Leasing Co., L.P., appeal from a judgment dismissing their claims under California's meal and rest break laws. The district court held on summary judgment that the Federal Aviation Administration Authorization Act of 1994 ("FAAAA") preempts those state laws as applied to motor carriers. Reviewing de novo the interpretation...

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