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· 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 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.