· 7/24/1996
John Espinal v. Northwest Airlines Larry Nunan Joel Krueger Susan Jordan
Citations
- 90 F.3d 1452
- 96 Cal. Daily Op. Serv. 5454
- 5 Am. Disabilities Cas. (BNA) 1580
- 152 L.R.R.M. (BNA) 2933
- 1996 U.S. App. LEXIS 18245
- 1996 WL 411472
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that employee’s state law discrimination claims were not preempted by the RLA, but breach of contract claims were
- holding that plaintiff’s state-law claims were not preempted by the RLA after conducting a three-part analysis into the legal character of the claims, namely: “(1) Does the CBA contain provisions that govern the actions giving rise to the state claim? (2
- holding that employee’s state disability claim was not preempted where the CBA contained general provisions on physical fitness but “d[id] not provide a framework for challenging determinations that an employee is not physically fit” or “a mechanism to accommodate disabled workers”
- “To determine whether the claim is preempted by the RLA, courts should apply the preemption test used in cases under the [LMRA].”
Source: CourtListener parenthetical corpus (CC0).
Judges: Leavy, Nelson, Tashima
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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