CTA Dynamex Litigation Update
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As expected, Judge Benitez, the judge who is presiding over CTA’s legal challenge to the application of the Dynamex “ABC test” to motor carriers has concluded that the enactment of Assembly Bill 5 has materially altered this case. As such, that case (CTA’s original filing) has been dismissed and a new briefing schedule has been set on an amended complaint to reflect the changes in law due to Assembly Bill 5. Anticipating this development, our attorneys were already in the course of drafting an amended complaint.
Nothing about this was unexpected, nor does this materially impact the trucking industry from having its day in court on the issue of federal preemption of the “ABC” test. In short, the court’s order gets us where CTA’s Dynamex Litigation Advisory Committee hoped to be headed and where we need to be. Our attorneys are underway on our revisions to the complaint to include the challenges to AB-5 and should have it refiled in the next couple of weeks.
Please feel free to contact us with any questions. As a reminder, CTA will hold a webinar on October 2 to review what you need to know about Assembly Bill 5, including what is happening with regards to litigation. REGISTER HERE
