· 9/9/1993
Michelle Brazinski v. Amoco Petroleum Additives Company and Buck Isbell
Citations
- 6 F.3d 1176
- 144 L.R.R.M. (BNA) 2153
- 1993 U.S. App. LEXIS 23186
- 1993 WL 341098
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that state law privacy claim was preempted because \it was arguably within the scope of the [collective bargaining] agreement\ (emphasis added)
- noting that plaintiffs’ failure to file grievance by deadline outlined in collective bargaining agreement precluded their claim in federal court
- holding that retention of a state law claim is appropriate when the correct disposition of the claim is \so clear as a matter of state law that it can be determined without further trial proceedings and without entanglement with any difficult issues of state law...\
- noting specifically that the employer's action had not been made illegal under Illinois law
- noting specifically that the employer's action had not been made illegal under Illinois law
- pointing out that section 301 imposes a gap in legal protection for vindication of employees’ rights, stating, “So the remedial gap remains—maybe intentionally. Maybe the idea is that if a matter is one that the parties could regulate by contract, ... they ought to do so.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Posner, Flaum, Kanne
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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