· 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).
Sourced from CourtListener / Free Law Project (CC0).
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