Mack Green; Robynne Barber; Michael Kennedy; Leon Gilmer; Michael A. Robertson; David Thomas; Eddie L. Oliver; Andre T. Shipp, and all others similarly situated, Appellants, v. SuperShuttle International, Inc; SuperShuttle Franchise Corporation; SuperShuttle of Minnesota, Inc., Appellees., 653 F.3d 766

Summary

The driver asserted that the district court: (1) erred in granting the motion to compel arbitration because the drivers were exempt from arbitration as transportation workers under 9 U.S.C.S. § 1, (2) erred in enforcing the class action waiver clauses in the drivers' contracts because they were unenforceable under Minnesota law, and (3) erred in dismissing the federal action instead of staying it pending arbitration. Through the Unit Franchise Agreements, the driver agreed to have the arbitrator decide whether the Federal Arbitration Act's (FAA) transportation worker exemption applied. The driver's state-law claim was preempted by the FAA. As to the final claim, it was not clear that all of the contested issues between the parties would be resolved by arbitration. The arbitrator might very well determine that the transportation worker exemption applied. The district court abused its discretion in dismissing the action, rather than staying it pending completion of the arbitration.