Retail Property Trust v. United Brotherhood of Carpenters & Joiners of America

How courts have described this case

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

• holding that “federal preemption does not bar- the plaintiffs claims from going forward, because the conduct at issue is, at most, ⅛ merely peripheral concern’ of federal labor .■■law”
• noting that “a number of courts have found preemption of state causes of action addressing economic harms”
• noting that “a § 303 claim cannot be brought against a union member in his individual capacity[]”
• recognizing “Morton [ ] show[s] that 16 § 303 does not so fully occupy the field such that any claim related to secondary boycotts 17 must be brought under § 303 or not all.”
• providing the court must \draw all reasonable inferences in favor of the nonmoving party\ for a Rule 12(b)(6) motion
• providing the court must \draw all reasonable inferences in favor of the nonmoving party\ for a Rule 12(b)(6) motion

Source: CourtListener parenthetical corpus (CC0).