Contract Preemption FAAAA.

Byline: Mass. Lawyers Weekly Staff

Where a plaintiff has brought suit to recover storage fees incurred after the plaintiff responded to an accident scene involving a truck that the defendant was using to transport goods, the defendant's motion to dismiss should be denied despite the preemptive effect of the Federal Aviation Administration Authorization Act.

"Ted's of Fayville, Inc. ('Plaintiff') filed this action against, inter alia, C.H. Robinson Company, Inc., and C.H. Robinson Worldwide (the 'C.H. Defendants'), alleging unjust enrichment, quantum meruit, breach of the covenant of good faith and fair dealing, breach of contract, and violations of M.G.L.c. 93A, 11.

"The C.H. Defendants are transportation brokers who arranged for Wosufia Transportation, LLC ('Wosufia') to transport a shipment of paper across the country on behalf of an unspecified buyer and seller. On July 25, 2016, Amekousse Koffi ('Mr. Koffi'), the principal of Wosufia, got into an accident in Millbury, Massachusetts, while driving a tractor-trailer carrying this shipment. The accident caused rolls of paper and engine oil from the tractor-trailer to spill onto the road.

"Plaintiff received a call from the Massachusetts State Police and responded to the scene. After cleaning up the spills and towing the tractor-trailer and cargo to a storage facility, Plaintiff issued an invoice to the C.H. Defendants for the daily cost of storing the cargo, tractor, and trailer.1 The C.H. Defendants failed to pay the outstanding balance.

"The C.H. Defendants contend that the Federal Aviation Administration Authorization Act ('FAAAA') preempts Plaintiff's unjust enrichment, quantum meruit, breach of the covenant of good faith and fair dealing, and violation of M.G.L.c. 93A, 11 claims. The FAAAA preempts any state law 'related to a price, route, or service of any motor carrier ... [or] broker ... with respect to the transportation of property.' 49 U.S.C. 14501(c)(1).

"Here, Plaintiff's claims 'relate to' the services of the C.H. Defendants as transportation brokers.

"The Court's analysis, however, does not end with the determination that a state law is related to a price, route, or service. Even if a state law meets the 'related to' test, the Court will only find preemption if...