Flowers Foods, Inc. v. Brock · ¶9
The Tenth Circuit rested its decision on 9 U. S. C. § 1. While the FAA requires courts to enforce arbitration agreements in many circumstances, § 1 contains an exception. It provides that “nothing” in the statute shall be used to compel arbitration in disputes involving “contracts of employment of seamen, railroad employees, or any other class of workers engaged in foreign or interstate commerce.” § 1. Reasoning that Brock belonged to a class of workers engaged in interstate commerce, the court concluded that it lacked authority to compel the arbitration Flowers sought. To be sure, the court recognized, Brock does not cross state lines himself or interact directly with those who do. 121 F. 4th 753, 757–761 (CA10 2024). But, the court held, those facts were “not dispositive.” Id., at 761. Instead, the court said, what mattered was that Brock's “intrastate route formed a constituent part…Read in context ›
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