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· 7/6/2017

Matter of New York State Div. of Human Rights v. Milan Maintenance, Inc.

Citations

  • 2017 NY Slip Op 5508
  • 152 A.D.3d 412
  • 54 N.Y.S.3d 854

How courts have described this case

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

  • holding that BIPA claims are preempted by the Railway Labor Act
  • noting that “either a substantive or a jurisdictional label ends the litigation between these parties and forecloses its continuation in any other judicial forum”
  • noting that \[n]one of this circuit's [RLA] decisions considers the effect of the Supreme Court's modern understanding of the difference between 'jurisdiction' and other kinds of rules\
  • recognizing the same basis for removal in the context of the Railway Labor Act
  • affirming dismissal without prejudice in favor of collective bargaining agreement process
  • BIPA claims preempted because resolving plaintiffs’ claims inevitably required looking to collective bargaining agreement for issue of consent

Source: CourtListener parenthetical corpus (CC0).

Judges: Tom, Richter, Manzanet-Daniels, Maz-Zarelli, Gische

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.