Legal Opinion

Rota v. Brotherhood of Railway, Airline & Steamship Clerks

District Court, E.D. Pennsylvania

Decided January 18, 1972No. Civ. A. 71-1538PublishedCited by 7 opinions

1Opinion of the Court

OPINION

HIGGINBOTHAM, District Judge.

I

Background

Plaintiff is in the unenviable position of having pled a cause of action but having failed to establish that he may pursue his cause of action in this district. He claims that the defendant union has, in a most flagrant manner, breached that Bill of Rights which was written into the Labor-Management Reporting and Disclosure Act of 1959. Plaintiff’s substantive allegations, if true, clearly establish a breach of § 101 (29 U.S.C. § 411), but he must pursue his claim in another forum because of the venue requirements of § 102 (29 U.S.C. § 412).

Plaint…

2Cases cited7 opinions

  1. Boston Sand and Gravel Co. v. United StatesSupreme Court of the United States · 1928
  2. Harrison v. Northern Trust Co.Supreme Court of the United States · 1943
  3. American Federation of Musicians v. WittsteinSupreme Court of the United States · 1964
  4. Guido Giordani v. Upholsterers International Union of North America, an Unincorporated AssociationCourt of Appeals for the Second Circuit · 1968
  5. Nelson v. JohnsonDistrict Court, D. Minnesota · 1963

2 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Keck v. Employees Independent AssociationDistrict Court, E.D. Pennsylvania · 1974
  2. Rota v. Brotherhood of RailwayDistrict Court, N.D. Illinois · 1974
  3. Rota v. Brotherhood of Railway, Airline & Steamship ClerksCourt of Appeals for the Seventh Circuit · 1973
  4. International Brotherhood of Electrical Workers, Local 336 v. Illinois Bell Telephone CompanyCourt of Appeals for the Seventh Circuit · 1974
  5. Hummel v. BrennanDistrict Court, E.D. Pennsylvania · 1979

2 more not listed; retrieve them via the Exa API.

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