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U.S. Ninth Circuit Court of Appeals panel reverses preliminary injunction for California Trucking Association and independent truckers

Shawn Yadon, CEO of the California Trucking Association (CTA), issued the following statement in response to the decision by The U.S. Ninth Circuit Court of Appeals panel to reverse the preliminary injunction granted in January 2020 from the U.S. District Court. That preliminary injunction had blocked the State of California from enforcing Assembly Bill 5 (AB 5) upon motor carriers and independent owner-operators conducting business in the state. The new test was set forth in the Dynamex Operations West, Inc. v. Superior Court (Dynamex) ruling, which was subsequently codified by the California Legislature in the form of AB 5 in 2020:

“We continue to stand by our initial claim that the implementation of AB 5’s classification test is preempted by federal law and is clearly detrimental to the long-standing and historical place California’s 70,000 owner-operators have had in the transportation industry.

“The California Trucking Association will take whatever legal steps are necessary to continue this fight on behalf of independent owner-operators and motor carriers operating in California.”