Legal Opinion

Harris v. Hirsh

New York Court of Appeals

Decided July 5, 1995PublishedCited by 8 opinions

1Opinion of the Court

OPINION OF THE COURT

2Per curiam

On this appeal, we hold that the Railway Labor Act’s (RLA) (45 USC § 151 et seq.) mandatory arbitration provisions for "minor disputes” arising from a collective bargaining agreement do not preempt plaintiffs State-law defamation action. We previously determined that the Appellate Division properly dismissed the defamation action as preempted (see, Harris v Hirsh, 83 NY2d 734 [Harris I]). However, the United States Supreme Court granted plaintiffs petition for a writ of certiorari, vacated the judgment in Harris I, and remanded the case to us for further consideration in…

3Cases cited8 opinions

  1. Lingle v. Norge Division of Magic Chef, Inc.Supreme Court of the United States · 1988
  2. Livadas v. BradshawSupreme Court of the United States · 1994
  3. Elgin, Joliet & Eastern Railway Co. v. BurleySupreme Court of the United States · 1945
  4. Hawaiian Airlines, Inc. v. NorrisSupreme Court of the United States · 1994
  5. Consolidated Rail Corporation v. Railway Labor Executives' Assn.Supreme Court of the United States · 1989

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4Cited by8 opinions

  1. Shannon v. MTA Metro-North RailroadAppellate Division of the Supreme Court of the State of New York · 2000
  2. Gay v. CarlsonCourt of Appeals for the Second Circuit · 1995
  3. Gay v. CarlsonCourt of Appeals for the Second Circuit · 1995
  4. Lawton v. United Parcel Service, Inc.District Court, D. Connecticut · 2004
  5. Pabon v. ManyAppellate Division of the Supreme Court of the State of New York · 2012

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