· 5/26/1989
Leo Louis Johnson and Belva Johnson v. Anheuser Busch, Inc. John Lewis Everett Parton Kenny Lorton
Citations
- 876 F.2d 620
- 131 L.R.R.M. (BNA) 2470
- 1989 U.S. App. LEXIS 7379
- 1989 WL 54847
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding statements made during investigation and grievance procedure in accordance with employers' right to control workplace were privileged and defamation claim was preempted
- noting the plaintiff’s allegation that, on fabricated charges, the defendant not only fired him but called the police to arrest him on the spot
- examining “each state-law count to determine whether interpretation of the collective bargaining agreement is necessary to resolve the count”
- “Loss of consortium presents a derivative claim arising out of the tort claims of the injured spouse.”
- defamation claims were preempted where allegedly defamatory statements by co-workers that caused employer to initiate disciplinary proceedings were reduced to writing during grievance process
- “the preemption issue cannot be resolved solely on the allegations found in the complaint. Defenses, as well as claims, must be considered in determining whether resolution of the state law claim requires construing the collective bargaining agreement.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Arnold, Bright, Gibson
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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