New England Biz Law Update
Where (1) a number of employers have been sued by workers for allegedly violating the Massachusetts independent contractor statute and (2) a trade association representing those employers has responded with a federal suit claiming that the state statute is preempted by the Federal Aviation Administration Authorization Act of 1994, the abstention doctrine is not applicable and thus dismissal of the federal complaint is inappropriate.
Massachusetts Delivery Association v. Coakley (Lawyers Weekly No. 01-019-12) (34 pages) (Lynch, C.J.) (1st Circuit) Appealed from a decision by Casper, J., in the U.S. District Court for the District of Massachusetts. David C. Casey, with whom Walter C. Hunter, Carie A. Torrence, Vanessa K. Hackett and Littler Mendelson were on brief, for the plaintiff-appellant; Steven A. Pletcher, Lynne D. Lidke, Braden K. Core and Scopelitis, Garvin, Light, Hanson & Feary for Messenger Courier Association of America and Air and Expedited Motor Carrier Association, amici curiae; Douglas S. Martland, with whom Pierce O. Cray, Kate J. Fitzpatrick and Martha Coakley were on brief, for the defendant-appellee; Harold L. Lichten, Shannon Liss-Riordan, Michael S. Rabieh and Lichten & Liss-Riordan for Stephen Reynolds, amicus curiae (Docket No. 11-1441) (Jan. 20, 2012).
