Supreme Court Advocacy

Advancing your interests and policy goals

All CullenLaw attorneys are members of the Bar of the United States Supreme Court.

Amicus briefs: how trade associations, businesses and individuals explain to the Supreme Court how a current case will impact their interests

It is not uncommon for the Supreme Court to take up a case raising issues that will have a great impact on individuals and businesses beyond the parties to that case. By filing “friend of the court” briefs on behalf of our clients, CullenLaw helps educate the Court about the potential real-world impact of its decisions.

Amicus briefs CullenLaw filed with the Supreme Court

• Am. Trucking Associations, Inc. v. City of Los Angeles, Supreme Court Docket No. 11-798. Brief for Owner-Operator Independent Drivers Association as Amicus Curiae Supporting Petition for Certiorari.

  Encouraged the Supreme Court to take this case because the issue presented will also impact the members of our client who are independent contractors. The legal issue raised was whether or not federal law or the Constitution permits the Port of L.A. to only grant access to employee truckers.

• Am. Trucking Associations, Inc. v. City of Los Angeles, Supreme Court Docket No. 11-798. Brief for Owner-Operator Independent Drivers Association as Amicus Curiae Supporting Petitioner on the merits.

  Once the Supreme Court decided to take the case, we argued that the Port of L.A. cannot use the Market Participant Doctrine to impose an otherwise unlawful requirement that truckers entering the port must be employee drivers.

• California Trucking Association, Inc, v. Bonta, Supreme Court Docket No. 21-194. Brief for Owner-Operator Independent Drivers Association as Amicus Curiae supporting Petition for Certiorari.

  Encouraged the Supreme Court to take this case because California’s worker classification statute, AB-5, applies to in-state truckers (represented by the California Trucking Association) and to our client’s members who are independent contractors based outside of California but operate trucks in California.

• TransUnion v. Ramirez, Supreme Court, Docket No. 20-297. Brief for Owner-Operator Independent Drivers Association as Amicus Curiae supporting Respondent on the merits.

  Explained how the questions concerning scope of private enforcement of the Fair Credit Reporting Act would affect our client’s members. Supported Respondent’s arguments that inaccurate information on an individual’s consumer report is sufficient injury to support a Fair Credit Reporting Act claim and, therefore, systematic inaccuracies in a credit reporting agency’s databases are a suitable basis for a class action determination.

• New Prime, Inc. v. Dominic Oliveira, Supreme Court Docket No. 17-340, Brief for Owner-Operator Independent Drivers Association as Amicus Curiae Supporting Respondent on the merits.

  Explained that the effect of its decision will go beyond Mr. Oliveira and affect our client’s members who are truck drivers and often presented with arbitration provisions in their contracts. Argued that the Federal Arbitration Act’s exemption for contracts of employment for transportation workers in interstate commerce applies to truck drivers whether they are employees or independent contractors.

• United States v. Antoine Jones, Supreme Court Docket No. 10-1259 Brief for Owner-Operator Independent Drivers Association as Amicus Curiae Supporting Respondent on the merits.

  Explained that law enforcement’s warrantless search of an individual by the placement of a GPS device on the individual’s car will also affect our client’s members who are required by regulation to put GPS devices on their vehicles and submit to warrantless searches of GPS data by law enforcement.

Petitions for Certiorari

For an individual or organization seeking to appeal an unfavorable appellate court decision. the U.S. Supreme Court is the last stop. The Court hears only 1% of the petitions it receives asking them to hear a case. CullenLaw is well-versed in the rules for preparing and filing “petitions for certiorari” on behalf of its clients.