Penske Logistics, a division of Penske Truck Leasing Co., has argued that the state law violates a provision of federal law that says states cannot regulate the prices, routes or services of trucking companies.
In July, a three-judge panel of the Court of Appeals reversed a lower court ruling that supported Penske’s position. In September, the appellate court also rejected a request by Penske that the case be reviewed by the full court.
The case is known as Dilts et al v. Penske Logistics and Penske Truck Leasing Co. In most instances, the Supreme Court has an option on whether the justices will hear a case and the parties go through a process called certiorari when they apply.
Penske said the Dilts case has sweeping impacts on how the trucking industry operates and disrupts competitive market forces.
“Safe drivers are a top priority at Penske, and we already encourage our drivers to take their necessary safety rest and meal breaks while driving their routes and serving our customers’ delivery needs,” said Michael Duff, Penske’s general counsel. “This case is about federal law pre-empting state laws that relate to rates, routes and services offered by trucking companies. We’re asking the Supreme Court to resolve this issue for our company and the trucking industry.”