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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

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.