Ninth Circuit· 5/16/2008
Adkins v. Mireles
Citations
- 526 F.3d 531
- 184 L.R.R.M. (BNA) 2193
- 2008 U.S. App. LEXIS 10540
- 2008 WL 2066569
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding plaintiffs’ RICO claim was preempted under Garmbn preemption, but that plaintiffs’ breach of implied covenant of. good faith and fair dealing claim was preempted based on its reading of Vaca, not based on Garmon preemption
- ruling the federal duty of fair representation preempted union members’ breach of contract claims
- holding plaintiffs’ RICO claim was preempted under Garmon preemption, but that plaintiffs’ breach of implied covenant of good faith and fair dealing claim was preempted based on its reading of Vaca, not based on Garmon preemption
- “[I]n order to appeal an issue on which the district court ruled in limine, a party must first receive a final ruling on the issue.”
- “Appellants may not escape federal labor law preemption by ‘artfully’ pleading their claims, avoiding references to preemptive federal law.”
- federal duty of fair representation “displaces state law that would impose duties upon unions by virtue of their status as the workers' exclusive collective bargaining representative”
Source: CourtListener parenthetical corpus (CC0).
Judges: Fletcher, Friedman, Smith
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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