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· 1/28/1997

Theresa Martin v. Shaw's Supermarkets, Inc.

Citations

  • 105 F.3d 40
  • 154 L.R.R.M. (BNA) 2257
  • 1997 U.S. App. LEXIS 1350
  • 1997 WL 24559

How courts have described this case

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

  • holding that plaintiffs claim would require interpretation of the management rights clause of the CBA, and was therefore preempted
  • holding that plaintiff's claim would require interpretation of the management rights clause of the CBA, and was therefore preempted
  • holding that state-law claims under the MWCA are preempted “not because the collective bargaining agreement is inconsistent with the state claims asserted, but because it may be so and requires interpretation”
  • finding it “very doubtful” that preemption of retaliation claims could take place absent a provision requiring courts to interpret CBAs
  • finding claim under section 75B preempted because of a potential conflict with the management rights clause of the collective bargaining agreement
  • “It is very doubtful whether, without this ... proviso, [Defendant] would have any plausible claim of federal preemption.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Selya, Aldrich, Boudin

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.