Marsh v. Massachusetts Coastal Railroad LLC

Summary

The court affirmed the denial of the defendants' motion to dismiss, holding that the Interstate Commerce Commission Termination Act does not preempt Massachusetts's Prevailing Wage Act as applied to a railroad contractor working on State public works projects. The court rejected express, field, and conflict preemption arguments and held that the complaint plausibly alleged qualifying public works and prevailing-wage violations. The court also exercised discretionary interlocutory review because the preemption issue was significant and of public interest.