Legal Opinion

Thomas Henry Anderson v. American Airlines, Inc.

Court of Appeals for the Fifth Circuit

Decided November 3, 1993No. 93-2069PublishedCited by 88 opinions

1Opinion of the Court

GOLDBERG, Circuit Judge:

The question presented in this appeal is whether the Railway Labor Act or the Federal Aviation Act “completely pre-empts”, and thus confers federal jurisdiction over, Thomas Anderson’s state law claim that American Airlines (“American”) retaliated against him for filing a workers’ compensation claim. Because we find that Anderson’s claim is not completely pre-empted, we reverse. We therefore remand with instructions to vacate the judgment and remand this case to the state court from which it was removed.

I

Anderson was employed as an aircraft mechanic for American at…

2Cases cited21 opinions

  1. Caterpillar Inc. v. WilliamsSupreme Court of the United States · 1987
  2. Shaw v. Delta Air Lines, Inc.Supreme Court of the United States · 1983
  3. Metropolitan Life Insurance v. TaylorSupreme Court of the United States · 1987
  4. Morales v. Trans World Airlines, Inc.Supreme Court of the United States · 1992
  5. Lingle v. Norge Division of Magic Chef, Inc.Supreme Court of the United States · 1988

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3Cited by88 opinions

  1. Hawaiian Airlines, Inc. v. NorrisSupreme Court of the United States · 1994
  2. Thomas Costello v. BeavEx, IncorporatedCourt of Appeals for the Seventh Circuit · 2016
  3. Michael Lee Thomas v. Ltv CorporationCourt of Appeals for the Fifth Circuit · 1994
  4. Branche v. Airtran Airways, Inc.Court of Appeals for the Eleventh Circuit · 2003
  5. DiFiore v. American Airlines, Inc.Court of Appeals for the First Circuit · 2011

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