Matthew Krashna and Tamara D. Krashna, His Wife v. Oliver Realty, Inc., Grant Building Inc., A/K/A Grant Building and Susan L. Niedbala

How courts have described this case

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

• holding emotional distress claim based on harassment and discharge \clearly outside the scope of the [CBA] and § 301\
• holding IIED claim based on harassment and termination after filing workers’ compensation claim was not preempted by § 301
• applying the two factors identified in Railway and Allstate as prerequisites for the application of the complete preemption doctrine
• applying the two factors identified in Railway and Allstate as prerequisites for the application of the complete preemption doctrine
• applying the two factors identified in Railway and Allstate as prerequisites for the application of the complete preemption doctrine
• “wrongful discharge” claim not preempted when the claim is based only on retaliation for exercising state worker compensation rights and not anything “embodied in the collective bargaining agreement”

Source: CourtListener parenthetical corpus (CC0).