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· 6/7/2001

In Re: Bentz Metal Products Company, Inc.

Citations

  • 253 F.3d 283
  • 167 L.R.R.M. (BNA) 2344
  • 2001 U.S. App. LEXIS 11847
  • 37 Bankr. Ct. Dec. (CRR) 1088

How courts have described this case

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

  • “the overriding principle is that for preemption to apply, interpretation of the CBA and not simply a reference to it is required”
  • “[T]he overriding principle is that for preemption to apply, interpretation of the CBA and not simply a reference to it is required.”
  • “We now hold . . . that a state law claim is not preempted if it does not require interpretation of the [collective bargaining agreement] even if it may require reference to the [collective bargaining agreement].33
  • “If the entitlement to wages (or other employee 2 Notably, it does not appear that the court can properly consider the CBA at the Rule 12(b)(6) stage, as it was not even referred to in the complaint. Burke v. 401 N. Wabash Venture, LLC, 714 F.3d 501, 505 (7th Cir. 2013

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.