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The FAAAA Preempts the Mass Independent Contractor Laws As Applied to Motor Carriers Like FedEx

In a pair of February 5, 2015 decisions likely to garner wide interest, Judge Stearns has held that, as applied to freight and package delivery motor carriers, the Massachusetts Independent Contractor Law is preempted by the Federal Aviation Administration Authorization Act (“FAAAA”).  See Schwann, et al. v. FedEx Ground Package System, Inc., 11-11094, Docket No. 149 (Feb. 5, 2015); Remington, et al., v. J.B. Hunt Transport, Inc., 15-100100, Docket No. 20 (Feb. 5, 2015).  In so holding, Judge Stearns resolved a question left open by the First Circuit’s recent decisions in Massachusetts Delivery Ass’n v. Coakley, 769 F.3d 11 (1st Cir. 2014).

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