· 4/5/1988
Ralph Derrico v. Sheehan Emergency Hospital
Citations
- 844 F.2d 22
- 3 I.E.R. Cas. (BNA) 161
- 127 L.R.R.M. (BNA) 3201
- 1988 U.S. App. LEXIS 4385
- 1988 WL 29898
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the plaintiff must set forth specific facts as to each 25 individual defendant’s causal role in the alleged violation
- noting that even though a plaintiff’s complaint stated a legal “principle without expressly identifying its provenance,” the plaintiff’s use of a certain term “left no doubt that the source was federal labor law”
- “Deference to the collective bargaining process also requires us to respect the expiration date chosen by the parties.”
- “[A]fter expiration of the CBA there is no contract subject to section 301 and there can be . . . no[] preemption under section 301.”
- the causal “inquiry . . . must be individualized to focus on the duties and responsibilities of each individual defendant.”
- “Speculative injury does not constitute irreparable injury sufficient 25 to warrant granting a preliminary injunction.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Meskill, Pratt, Altimari
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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