Legal Opinion
Wells v. Bottling Group, LLC
District Court, E.D. Kentucky
Decided June 8, 2011No. Civil Action No. 10-99-ARTPublished
1Opinion of the Court
MEMORANDUM OPINION & ORDER
AMUL R. THAPAR, District Judge.
Plaintiffs do not get to pick their facts. Here, the facts show that the plaintiff John Wells’s employment was subject to a collective bargaining agreement. And so his claim for wrongful termination is preempted and must be dismissed as time-barred because it runs afoul of the applicable statute of limitations. His negligence claim against the company, however, stands apart from the collective bargaining agreement and survives the company’s motion to dismiss. Thus, it is remanded to state court, as is his claim against his co-worker.
*668DISC…
2Cases cited28 opinions
- Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
- Vaca v. SipesSupreme Court of the United States · 1967
- DelCostello v. International Brotherhood of TeamstersSupreme Court of the United States · 1983
- Allis-Chalmers Corp. v. LueckSupreme Court of the United States · 1985
- Lingle v. Norge Division of Magic Chef, Inc.Supreme Court of the United States · 1988
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