Massachusetts Delivery Associa v. Healey

LYNCH, Circuit Judge.

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 ch. 149, § l'48B(a)(2), to the same-day delivery companies that constitute the Massachusetts Delivery Association (“MDA”). This court previously remanded this case to the district court for a determination, on review of the full evidentiary record,' of whether Prong 2 is FAAAA-preempted because it…