Legal Opinion
Dolores Sweeney v. Westvaco Company, Dolores Sweeney v. Westvaco Company
Court of Appeals for the First Circuit
Decided February 12, 1991No. 90-1178, 90-1258PublishedCited by 79 opinions
1Opinion of the Court
BREYER, Chief Judge.
The appeals in this diversity action arise out of Dolores Sweeney’s claim that the defendants negligently caused her husband serious emotional suffering. The appeals focus upon two defenses. The first is that § 301(a) of the Labor Management Relations Act, 29 U.S.C. § 185(a), pre-empts (and thereby forecloses) the kind of state-law tort suit that defendant Westvaco says is before us, namely a claim that an employer negligently caused an employee’s emotional suffering through conduct arguably falling within the scope of a collective bargaining agreement. See Lingle v. Norge…
2Cases cited39 opinions
- United Steelworkers v. Warrior & Gulf Navigation Co.Supreme Court of the United States · 1960
- United Steelworkers v. Enterprise Wheel & Car Corp.Supreme Court of the United States · 1960
- San Diego Building Trades Council v. GarmonSupreme Court of the United States · 1959
- United States v. Ilario M.A. ZanninoCourt of Appeals for the First Circuit · 1990
- Textile Workers v. Lincoln Mills of Ala.Supreme Court of the United States · 1957
34 more not listed; retrieve them via the Exa API.
3Cited by79 opinions
- Casas Office MacHines, Inc. v. Mita Copystar America, Inc.Court of Appeals for the First Circuit · 1995
- Correa v. Hospital San FranciscoCourt of Appeals for the First Circuit · 1995
- Scs Communications, Inc. And Stephen C. Swid, Appellants-Cross-Appellees v. The Herrick Company, Inc. And Norton Herrick, Appellees-Cross-AppellantsCourt of Appeals for the Second Circuit · 2004
- Haudrich v. Howmedica, Inc.Illinois Supreme Court · 1996
- International Brotherhood of Electrical Workers, Local 176 v. Balmoral Racing Club, Inc. And Balmoral Park Trot, Inc.Court of Appeals for the Seventh Circuit · 2002
74 more not listed; retrieve them via the Exa API.