Lupian v. Joseph Cory Holdings
- Amicus Brief (10/18/2017)
Delivery drivers sued deliver company Joseph Cory Holdings LLC, alleging that the company took deductions from their wages in violation of the Illinois Wage Payment and Collection Act (IWPCA). Joseph Cory Holdings moved to dismiss the IWPCA claim, arguing that the state law is preempted by a provision in the Federal Aviation Administration Authorization Act (FAAAA) that prohibits states from enacting or enforcing laws “related to a price, route, or service of any motor carrier … with respect to the transportation of property.” The district court denied the motion.
On interlocutory appeal to the Third Circuit, we filed an amicus brief in support of the drivers, explaining that the IWPCA does not relate to motor carrier prices, routes, or services and is therefore not preempted by the FAAAA.