· 7/24/1996
Michael Luecke v. Schnucks Markets, Inc., a Missouri Corporation
Citations
- 85 F.3d 356
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- “For federal question jurisdiction, the federal question generally must appear on the face of the complaint.”
- court would not read confidentiality provision into CBA when there was no evidence that company’s unilaterally adopted drug-testing policy was longstanding practice or custom from which to infer incorporation
- “[W]hile the provisions of the collective-bargaining agreement will perhaps be ‘consulted,’ they need not be interpreted in order to resolve any qualified privilege defense that [defendant] may raise in the state defamation proceeding.”
- no preemption where “no express or implied term in [the CBA] guides the factual inquiry into whether the speakers actually [uttered the allegedly defamatory statements], whether their statements were false, whether malice attached, and whether damages resulted”
- federal question generally must appear on face of complaint
Source: CourtListener parenthetical corpus (CC0).
Judges: Wollman, Campbell, Murphy
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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