`
`United States Court of Appeals
`For the First Circuit
`
`
`
`
`No. 22-1131
`
`STEPHEN LEVINE, on behalf of himself and
`all others similarly situated,
`
`Plaintiff, Appellant,
`
`v.
`
`GRUBHUB HOLDINGS INC. and GRUBHUB INC.,
`
`Defendants, Appellees.
`
`
`APPEAL FROM THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF MASSACHUSETTS
`
`[Hon. William G. Young, U.S. District Judge]
`
`
`
`Before
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`Lynch and Selya, Circuit Judges,
`and McElroy,* District Judge.
`
`
`
`
`
`
`
`
`
`Shannon Liss-Riordan, with whom Michelle Cassorla and Lichten
`& Liss-Riordan, P.C. were on brief, for appellant.
`Theane Evangelis, with whom Blaine H. Evanson, Dhananjay S.
`Manthripragada, Alexander Harris, Samuel Eckman, Allison L.
`Mather, and Gibson, Dunn & Crutcher LLP were on brief, for
`appellees.
`
`
`
`
`* Of the District of Rhode Island, sitting by designation.
`
`
`
`
`
`
`December 2, 2022
`December 2, 2022
`
`
`
`
`
`
`
`
`
`SELYA, Circuit Judge. The question before us in this
`
`appeal is whether couriers who deliver meals and packaged goods
`
`from local restaurants to local customers are transportation
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`workers engaged in interstate commerce such that they are exempt
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`from the Federal Arbitration Act (FAA). See 9 U.S.C. § 1. The
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`district court answered this question in the negative and
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`subsequently entered the judgment from which the plaintiff now
`
`appeals.
`
`After this appeal was argued, we recently addressed the
`
`same issue, on substantially similar facts, in a published opinion.
`
`See Immediato v. Postmates, Inc., ___ F.4th ___, ___ (1st Cir.
`
`2022) [No. 22-1015, slip op. at 7-24]. There, we held that a
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`comparable class of workers could not escape from the reach of the
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`FAA by attempting to invoke the section 1 exemption. See id. at
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`___ [slip op. at 24]. We also held that their contracts with the
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`company for which they worked were nonetheless encompassed by 9
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`U.S.C. § 2, and that the workers were therefore required to
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`arbitrate their disputes according to the terms of those contracts.
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`See id. at ___ [slip op. at 24-27].
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`It would serve no useful purpose to repastinate ground
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`already well-plowed. The reasoning in Immediato is fully
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`applicable here, and the holding in that case squarely answers the
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`question presented by this appeal. Thus, we summarily affirm the
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`- 3 -
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`
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`judgment below for essentially the reasons explicated in
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`Immediato.
`
`
`
`Affirmed. See 1st Cir. R. 27.0(c).
`
`- 4 -
`
`
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