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· 3/3/1999

Federal Case

Citations

  • 170 F.3d 367

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • explaining that the standards for preemption under the RLA and LMRA are “virtually identical” (quoting Hawaiian Airlines, Inc. v. Norris, 512 U.S. 246, 260 (1994))
  • finding no pre-emption because plaintiff's “claim in this case is not directly based upon the [CBA] ... nor will the resolution of the elements ... require the interpretation of those bargaining agreements”
  • “[S]tate laws that might produce differing interpretations of the parties’ obligations under a collective bargaining agreement are preempted.”
  • finding this description applicable to the fraud claim at issue
  • “Thus, under Caterpillar, employees have the option of vindicating their interests by means of either a section 301 action or an action brought under state law, as long as the state-law action as pleaded does not require interpretation of the collective bargaining contract.”
  • finding this description applicable to the fraud claim at issue

Source: CourtListener parenthetical corpus (CC0).

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.