· 6/7/2006
Trustees of the Twin City Bricklayers Fringe Benefit Funds v. Superior Waterproofing, Inc.
Citations
- 450 F.3d 324
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- explaining that the proposition that a mandatory-arbitration provision precludes a claim from being litigated in federal court “is distinct from the doctrine of complete preemption used to remove state claims to federal court”
- distinguishing complete preemption as a “jurisdictional doctrine ... used to remove state claims to federal court” from preemption “as a defense, raising the question of whether [certain] claims can be litigated in this action”
- “The proper starting point for determining whether interpretation of a CBA is required in order to resolve a particular state law claim is an examination of the claim itself.”
- “An otherwise independent claim will not be preempted if the CBA need only be consulted during its adjudication.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Murphy, Bowman, Benton
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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