· 8/7/2013
Philip Crosby v. Cooper B-Line, Incorporated
Citations
- 725 F.3d 795
- 2013 WL 4007928
- 196 L.R.R.M. (BNA) 2488
- 2013 U.S. App. LEXIS 16372
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- observing in a case involving state-law claims with non-diverse parties that, “[w]ithout Section 301 ‘complete preemption,’ there is no basis for federal subject-matter jurisdiction over this case”
- observing in a case involving state-law claims with non-diverse parties that, “[w]ithout Section 301 ‘complete preemption,’ there is no basis for federal subject-matter jurisdiction over this case”
- “Factual overlap between a state-law claim and a claim one could assert under a CBA is not necessarily sufficient for preemption].”
- Resolution of retaliatory discharge claim depends on the employer’s motives, not the terms of the CBA.
- “The federal courts have an independent ‘obligation at each stage of the proceedings to ensure that [they] have subject matter jurisdiction over the dispute.’”
- “The Court has understood this to be a rule that overrides all possible applicable state law, or, in other words, as a rule of complete preemption.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Posner, Rovner, Wood
Read full opinion on CourtListenerSourced 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.