While considering the question of whether Uber drivers engage in interstate commerce and therefore should be exempt from the Federal Arbitration Act, a three-judge panel of the U.S. Court of Appeals for the Second Circuit discussed planes, trains and boats Friday morning before confirming they would reserve decision in the suit.
The panel, which included Circuit Judges Rosemary Pooler, William Nardini and Sarah Merriam, asked attorneys for both sides how they would determine a threshold for how much interstate activity workers must perform before they are found to engage in interstate commerce.
