Legal Opinion

Acosta v. Hovensa, LLC

District Court, Virgin Islands

Decided February 23, 2010No. Civil No. 1:08-cv-00089PublishedCited by 9 opinions

1Opinion of the CourtFinch, Senior Judge

MEMORANDUM OPINION

(February 23, 2010)

I. Introduction

THIS MATTER comes before the Court on Defendants United Steelworkers Union, United Steelworkers Local 8526 and Hovensa’s (collectively “Defendants”) Motion to Dismiss. Plaintiffs Edelmino Acosta, Jr., Oliver Montoya and Humberto Figueroa (“Plaintiffs”) allege that Hovensa incorrectly promoted their coworkers over them in violation of their Collective Bargaining Agreement and that their Unions, the United Steelworkers Union and its local chapter (“Union Defendants”), violated their duty of fair representation by failing to pursue their…

2Cases cited47 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Phillips v. County of AlleghenyCourt of Appeals for the Third Circuit · 2008
  4. Fowler v. UPMC SHADYSIDECourt of Appeals for the Third Circuit · 2009
  5. Vaca v. SipesSupreme Court of the United States · 1967

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3Cited by9 opinions

  1. Thomas v. RIJOSDistrict Court, Virgin Islands · 2011
  2. Beohm v. Pickel (In re Pickel)United States Bankruptcy Court, D. New Mexico · 2013
  3. Atlantic Basin Refining, Inc. v. JP Energy Partners, LPDistrict Court, Virgin Islands · 2021
  4. Carl Simon v. Corrections Corporation of America (n/k/a CoreCivic., Inc.)District Court, Virgin Islands · 2021
  5. Genevieve Whitaker v. Caroline F. Fawkes etalDistrict Court, Virgin Islands · 2021

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