Debnam v. FedEx Home Delivery
766 F.3d 93
1st Cir.2014Background
- Debnam began working for FedEx in 2004, rising from driver to nine routes by 2009, and owned or leased eleven delivery vehicles.
- He paid drivers’ federal employment taxes, hired substitutes, purchased uniforms, and oversaw drivers under him.
- Debnam signed an independent contractor agreement with FedEx but alleged FedEx exercised substantial behavioral and financial control over drivers.
- Debnam asserted Massachusetts wage claims applicable only to employees (Mass. Gen. Laws ch. 149, § 148) and a Chapter 93A unfair/deceptive practices claim.
- The district court dismissed the 93A claim as incompatible with an employer/employee relationship, and Debnam did not amend the complaint; summary judgment later disposed of the wage claim.
- On appeal, Debnam challenges only the dismissal of the 93A claim and the court addresses whether the claim can survive under 93A’s trade or commerce requirement.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Debnam can state a 93A claim given trade or commerce requirement | Debnam argues 93A liability can reach his conduct with FedEx. | FedEx contends no trade or commerce occurred between employer and employee. | 93A claim fails for lack of trade or commerce connection. |
| Whether alleged facts plausibly show Debnam offered services generally for sale | Allegations imply independent contractor status; possible alternative theory. | Relationship with FedEx was not a public business transaction; not trade or commerce. | Allegations do not plausibly plead trade or commerce; claim properly dismissed. |
| Impact of contractor status on 93A viability under Massachusetts law | Independent contractor status could support 93A under case law. | Even as contractor, no trade or commerce with public sale; 93A not available. | Massachusetts law requires trade or commerce; not satisfied here; claim rejected. |
Key Cases Cited
- Manning v. Zuckerman, 388 Mass. 8 (1983) (trade or commerce excludes private employer–employee interactions)
- Linkage Corp. v. Trustees of Boston Univ., 425 Mass. 1 (1997) (defines scope of 93A trade or commerce inquiry)
- McAdams v. Massachusetts Mut. Life Ins. Co., 391 F.3d 287 (1st Cir. 2004) (case-specific assessment of independent contractor status for 93A)
- Benoit v. Landry, Lyons & Whyte Co., Inc., 31 Mass. App. Ct. 948 (1991) (exclusive relationship can bar 93A trade or commerce)