John Gomez v. Celebrity Cruises, Inc.

How courts have described this case

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

• concluding that, where the factual allegations in two complaints were recited verbatim, the two cases involved the same cause of action
• holding that Seaman’s Wage Act claim and Labor Management Relations Act claims arose from the same nu- cleus of operative fact because the plaintiff alleged the same facts as the basis for both claims
• noting that the duty of fair representation arises under federal common law and is implied from section 9(a) of the National Labor Relations Act
• finding that the Fed. R. Civ. P. 12(b)(6) dismissal with prejudice was an adjudication on the merits
• stating that claim preclusion “bars the parties to an action from litigating claims that were or could have been litigated in a prior action between the same parties”
• explaining that fair- representation claims arise “under federal common law,” and that the duty is “implied from [the union’s] status under § 9(a) of the NLRA as the exclusive representative of” its members (internal quotation omitted)

Source: CourtListener parenthetical corpus (CC0).