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PALCKO v. AIRBORNE EXPRESS, INC.

No. 03-2227.

372 F.3d 588 (2004)

Margaret PALCKO v. AIRBORNE EXPRESS, INC., Appellant.

United States Court of Appeals, Third Circuit.

Filed June 18, 2004.

Attorney(s) appearing for the Case

Sharon M. Erwin (Argued), Law Offices of Sharon M. Erwin, LLC, Philadelphia, PA, for Appellant.

David L. DaCosta (Argued), Joseph J. McAlee, Sprague & Sprague, Philadelphia, PA, for Appellee.

Before SLOVITER, RENDELL, and ALDISERT, Circuit Judges.

SLOVITER, Circuit Judge.

The principal questions before us on this appeal are the scope of the exclusion from the Federal Arbitration Act ("FAA"), 9 U.S.C. §§ 1-16 (2004), for a "class of workers engaged in foreign or interstate commerce" and the preemptive effect, if any, of the statutory exclusion.

I.

Defendant Airborne Express, Inc. ("Airborne") appeals from the District Court's order dated April 23, 2003 denying Airborne's motion to...

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