Issues: (1) Whether the U.S. Court of Appeals for the 3rd Circuit erred by holding that New Jersey’s statutory test for determining employment classification is not pre-empted under the Federal Aviation Administration Authorization Act, applying a novel pre-emption test that conflicts with the decisions of the Supreme Court and deepening the already existing circuit split; and (2) whether the presumption against pre-emption applies in the context of a statutory express pre-emption clause when the claims at issue involve areas historically regulated by the states.
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