CNH America LLC v. International Union, United Automobile, Aerospace & Agricultural Implement Workers

I agree with the majority’s conclusion that the VEBA trust fund agreement does not contain a covenant not to sue and, for that reason, that the UAW’s funding of the Yolton litigation did not constitute a breach of the collective bargaining agreement (CBA) between the parties to this suit, of which the VEBA agreement was a part. However, I cannot agree with the majority’s decision to reverse the district court’s sound ruling that CNH America’s state-law claims against the UAW are preempted by federal law.

*796That majority decision flows primarily from reliance on, and a misreading of, the Supreme…