Supreme Court takes up UCL preemption case as a "grant and hold": Rodriguez v. RWA Trucking Co.

Last week, on December 11, 2013, the Supreme Court issued a "grant and hold" order in Rodriguez v. RWA Trucking Co., No. S214150. 

In Rodriguez, the Court of Appeal held that the plaintiffs' UCL "unlawful" prong claims were preempted, in part, by federal law, namely, the Federal Aviation Administration Authorization Act of 1994 (49 U.S.C. § 14501) ("FAAAA"). See Rodriguez v. RWA Trucking Co., ___ Cal.App.4th ___ (Sept. 12, 2013; mod. Sept. 20, 2013) (discussed in this blog post).

The Supreme Court is already considering FAAAA preemption in People ex rel. Harris v. Pac Anchor Transportation, Inc., No. S194388.  Briefing in Rodriguez has been deferred pending resolution of Harris.

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