A panel of judges on the U.S. Court of Appeals for the Second Circuit on Tuesday considered whether Amazon can seek relief from the federal courts in response to the New York Attorney General’s investigation into its COVID-19 workplace safety practices.

Amazon sued New York Attorney General Letitia James in the Eastern District of New York in February 2021, days before she initiated a civil enforcement action in state court. This month, the New York Appellate Division, First Department dismissed the state action, finding that federal law preempts James’ claims.