Thorsch v. Miller

How courts have described this case

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

• observing that a federal district court may conduct a Garmon analysis \when a party has raised Garmon as a defense to a state-law claim that is properly before the district court (through diversity or supplemental jurisdiction)\
• “[D]istrict courts 10 do not have original federal question jurisdiction over state-law claims which are subject to a 11 defense of Garmon preemption, and [] such claims may not be removed to federal court.”
• “If the conduct arguably 13 falls within the scope of the Act, then the interest in a uniform federal labor policy 14 identified in Garmon5 requires both the states and the federal courts to defer to the 15 exclusive jurisdiction of the NLRB.”

Source: CourtListener parenthetical corpus (CC0).