New Jersey Carpenters & the Trustees Thereof Ex Rel. Chatten v. Tishman Construction Corp.

How courts have described this case

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

• finding that LMRA did not preempt substantive claim under N.J. Prevailing Wage Act, which requires that employees engaged in public work be paid a defined prevailing wage, explaining that claim exists independently of operative CBA
• “It is appropriate for us to reach an issue that the district court did not if the issues provide purely legal questions, upon which an appellate court exercises plenary review.” (quotation marks and citation omitted)
• “We have held that a claim is completely preempted, and thus removable, under ERISA § 502(a) only if: (1) the plaintiff could have brought the claim under § 502(a); and (2) no other independent legal duty supports the plaintiff's claim.”

Source: CourtListener parenthetical corpus (CC0).