In May, the 9th Circuit Court of Appeals dealt the City of Seattle a setback in its defense of its ordinance granting Uber and Lyft drivers the right to collective bargaining. In June, the city petitioned the appeals court for an en banc rehearing of the case in front of the entire court.
Last Friday the court denied that petition.
For a refresher, here’s what the Appeals Court ruled in June. In a nutshell: the city doesn’t have state-action immunity from the Sherman Antitrust Act.
Last Friday’s ruling is especially brusque. The three judges who originally heard the case all declined to refer it to the full Court, and not a single judge in the 9th Circuit requested a vote on whether to hear it en banc.
The case now goes back to the district court for further proceedings (i.e. a full-blown trial) on whether the ordinance actually violates the Sherman Act. Don’t expect a speedy resolution.