Tisdale v. Apria Healthcare LLC
CourtCourt of Appeals for the Ninth Circuit
Date FiledNovember 2, 2026
Docket25-3387
StatusUnpublished
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Full Opinion
NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS NOV 2 2026
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
ANGELA TISDALE; TERRENCE PRATT, No. 25-3387
an individual, on behalf of themselves and D.C. No.
all others similarly situated, 2:24-cv-09620-AH-PVC
Plaintiffs - Appellees, MEMORANDUM*
v.
APRIA HEALTHCARE LLC, a Delaware
Limited Liability Company,
Defendant - Appellant.
Appeal from the United States District Court
for the Central District of California
Anne Hwang, District Judge, Presiding
Submitted October 29, 2026**
Pasadena, California
Before: R. NELSON and H.A. THOMAS, Circuit Judges, and PITTS, District
Judge.***
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
***
The Honorable P. Casey Pitts, United States District Judge for the
Northern District of California, sitting by designation.
Apria Healthcare LLC (“Apria”) appeals the district court’s denial of its
motion to compel arbitration pursuant to the Federal Arbitration Act (“FAA”) in a
suit brought by Angela Tisdale and Terrence Pratt (collectively, “Plaintiffs”). We
have jurisdiction under 9 U.S.C. § 16(a)(1)(B). We review de novo the district
court’s denial of a motion to compel arbitration. Ortiz v. Randstad Inhouse Servs.,
LLC, 95 F.4th 1152, 1158 (9th Cir. 2024). The district court’s factual findings are
reviewed for clear error. Rittmann v. Amazon.com, Inc., 971 F.3d 904, 909 (9th
Cir. 2020). We reverse and remand for further fact finding.
Section 1 of the FAA exempts from the FAA’s provisions the “contracts of
employment of seamen, railroad employees, or any other class of workers engaged
in foreign or interstate commerce.” 9 U.S.C. § 1. To determine whether the
exemption applies, courts must engage in the two-step analysis set forth in
Southwest Airlines Co. v. Saxon by first “defining the relevant ‘class of workers’ to
which [Plaintiffs] belong[]” and then “determin[ing] whether that class of workers
is ‘engaged in foreign or interstate commerce.’” 596 U.S. 450, 455 (2022). The
“bottom line” is that “an employee’s relationship to the movement of goods must
be sufficiently close . . . to conclude that his work plays a tangible and meaningful
role in their progress through the channels of interstate commerce.” Ortiz, 95 F.4th
at 1160; see also Flowers Foods, Inc. v. Brock, 608 U.S. 380, 388 (2026).
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At Saxon’s first step, there is no dispute that Plaintiffs belong to a class of
couriers transporting home medical equipment to and from Apria’s branch
locations and its customers within California. At Saxon’s second step, the district
court relied on our decisions in Rittman and Carmona Mendoza v. Domino’s Pizza,
LLC, 73 F.4th 1135 (9th Cir. 2023). Apria objected that its rental model
distinguishes this case from Rittman and Carmona Mendoza, but the district court
did not engage with that factual distinction. Rather, the district court found it
dispositive that “almost a quarter of the work performed by this class of couriers
involved the delivery of interstate goods.”
The district court’s finding, however, misconstrues the evidence.1 At most,
the record establishes that some unknown quantity of for-sale goods at Apria’s
distribution centers originated out of state. But, critically, nothing in the record
clarifies whether and in what manner these interstate goods were transported by
Plaintiffs’ class of couriers from Apria’s branches to its customers. Nor did the
district court make any findings about the extent to which Plaintiffs were engaged
1
The district court noted that Apria rented, rather than directly sold, 77.5% of its
medical equipment, but there is no basis in the record on which to conclude that all
directly sold equipment originated from out of state. The record also reveals that
81% of goods purchased by Apria’s customers were already in stock at Apria’s in-
state distribution centers before they were ordered, but, again, the record does not
answer what portion of the remaining 19% originated from outside California—or,
for that matter, what portion of the 81% originated from inside California.
3 25-3387
in deliveries of for-sale goods, as opposed to deliveries of rental goods to and from
Apria’s branches and its customers.
In the absence of detailed findings on the nature of Apria’s business model
and the ways in which Plaintiffs moved interstate goods in that model, the district
court could not properly evaluate the couriers’ “relationship with the flow of goods
and the extent to which [their] role enable[d] the[] [goods] to flow in interstate
commerce.” Ortiz, 95 F.4th at 1164; see also id. (noting that this inquiry
“inevitably requires an examination of the employee’s role in context,” which
“usually involves an understanding of how, when, and where goods move through
the supply chain”). Upon remand, the district court should conduct additional fact-
finding and hold Plaintiffs to their burden to prove that their work played “a
tangible and meaningful role” in foreign or interstate commerce. Id. at 1160; see
Fli-Lo Falcon, LLC v. Amazon.com, Inc., 97 F.4th 1190, 1194 (9th Cir. 2024).
REVERSED, VACATED, and REMANDED.
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