Sarah Harless, Personal Representative of Edward Lewis and Administratrix of His Estate v. Csx Hotels, Incorporated, A/K/A the Greenbrier Hotel

How courts have described this case

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

• finding that claims were not preempted by § 301 because a federal question was not presented on the face of the plaintiff’s complaint
• noting that plaintiff “emphatically represented that his claims were based solely on the West Virginia Human Rights Act and the West Virginia Workers’ Compensation Act and that he had no intention of 12 referring to the CBA”
• explaining amendment may be denied based on a plaintiff’s “repeated failure to cure a deficiency by amendments previously allowed”
• upholding a district court’s discretionary declination of supplemental jurisdiction after an amendment to the complaint removed all outstanding federal questions
• “The language of Federal Rule of Civil Procedure 15(a) has been construed to counsel a liberal reading of its application.”
• “Motions to amend are typically granted in the absence of an improper motive[.]”

Source: CourtListener parenthetical corpus (CC0).