· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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