Legal Opinion
United Food & Commercial Workers Union, Local 1564 of New Mexico v. Albertson's, Inc.
Court of Appeals for the Tenth Circuit
Decided March 16, 2000No. 98-2267PublishedCited by 55 opinions
1Opinion of the Court
LUCERO, Circuit Judge.
This case presents the question of whether a federal court has jurisdiction to adjudicate a union’s declaratory judgment claim, premised on the federal question statute, 28 U.S.C. § 1331, and the Declaratory Judgment Act of 1934, 28 U.S.C. § 2201, that a collective bargaining agreement contains terms that run afoul of the Fair Labor Standards Act of 1938 (“FLSA”), 29 U.S.C. §§ 201-219. At the time this litigation was filed, federal jurisdiction was soundly based on § 301(a) of the Labor Management Relations Act of 1947 (“LMRA”), 29 U.S.C. § 185(a), as interpreted by this…
2Cases cited30 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Pennhurst State School and Hospital v. HaldermanSupreme Court of the United States · 1984
- Friends of the Earth, Inc. v. Laidlaw Environmental Services (TOC), Inc.Supreme Court of the United States · 2000
- Franchise Tax Bd. of Cal. v. Construction Laborers Vacation Trust for Southern Cal.Supreme Court of the United States · 1983
- Lujan v. National Wildlife FederationSupreme Court of the United States · 1990
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3Cited by55 opinions
- Belnap v. Iasis HealthcareCourt of Appeals for the Tenth Circuit · 2017
- Roger Luder v. Jeffrey P. EndicottCourt of Appeals for the Seventh Circuit · 2001
- Lowe v. RaemischCourt of Appeals for the Tenth Circuit · 2017
- Cameron-Grant v. Maxim Healthcare Services, Inc.Court of Appeals for the Eleventh Circuit · 2003
- United States v. RomeroCourt of Appeals for the Tenth Circuit · 2007
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