A First Circuit panel recently held that the FAA does not apply to independent contractors in the transportation industry. The panel reasoned that such independent contractors fall within the exception to the FAA for “contracts of employment of seamen, railroad employees, or any other class of workers engaged in foreign or interstate commerce.” The Litigation Center filed an amicus brief supporting panel rehearing or rehearing en banc. Unfortunately, the rehearing petition was denied. The petitioner has since filed a petition for certiorari, which the Litigation Center has also supported.
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