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· 11/23/2010

Stephen D. Atwater v. The National Football League

Citations

  • 626 F.3d 1170
  • 189 L.R.R.M. (BNA) 2834
  • 2010 U.S. App. LEXIS 24067
  • 2010 WL 4721712

How courts have described this case

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

  • holding plaintiffs’ negligence claim preempted because employer allegedly breached duties that “arose directly from the CBA”
  • deferring to the district court’s judgment that the non-moving party’s Statement of Material Facts satisfied the local rule
  • deferring to the district court’s judgment that the non-moving party’s Statement of Material Facts satisfied the local rule
  • \The Supreme Court has applied the complete preemption doctrine to only three federal statutes\
  • “[I]n determining whether § 301 preempts a state-law cause of action ... consider whether the claim arises from a CBA ... or whether ‘the resolution of [the] state-law claim depends upon the meaning of a collective-bargaining agreement.”
  • negligence claim preempted because duties underlying claim arose directly from CBA

Source: CourtListener parenthetical corpus (CC0).

Judges: Tjoflat, Wilson, Ebel

Read full opinion on CourtListener

Sourced 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.