United States First Circuit

In this wage payment action brought by plaintiff against defendant-FedEx, in which the plaintiff also brought an unfair business practice claim under so called "Chapter 93A" of Massachusetts law, summary judgment in favor of defendant is affirmed, where: 1) the facts alleged in the complaint paint an ambiguous relationship between plaintiff and defendant, not necessarily one of employee-employer; and 2) regardless of whether plaintiff was an employee, the allegations in his complaint do not plausibly establish that his actions satisfied Chapter 93A's conception of "trade or commerce" as required to prevail under the statute.

Appellate Information

• Decided 09/08/2014
• Published 09/08/2014

Judges

• Kayatta

Court

• United States First Circuit

Counsel