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MASSACHUSETTS DELIVERY ASS'N v. HEALEY

No. 15-1908.

821 F.3d 187 (2016)

MASSACHUSETTS DELIVERY ASSOCIATION, Plaintiff, Appellee, v. Maura T. HEALEY, in her official capacity as Attorney General of the Commonwealth of Massachusetts, Defendant, Appellant.

United States Court of Appeals, First Circuit.

May 11, 2016.

Attorney(s) appearing for the Case

Douglas S. Martland , Assistant Attorney General, with whom Maura Healey , Attorney General of Massachusetts, was on brief, for appellant.

David C. Casey , with whom Christopher B. Kaczmarek , Stephen T. Melnick , and Littler Mendelson, P.C. were on brief, for appellee.

Before HOWARD, Chief Judge, SELYA and LYNCH, Circuit Judges.

The question in this case is whether the express preemption provision of the Federal Aviation Administration Authorization Act of 1994 ("FAAAA"), 49 U.S.C. § 14501(c)(1), preempts the application of "Prong 2" of the Massachusetts Independent Contractor Statute, Mass. Gen. Laws...

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