Legal Opinion
Harris v. Hirsh
New York Court of Appeals
Decided June 9, 1994PublishedCited by 7 opinions
1Opinion of the Court
OPINION OF THE COURT
Titone, J.
On this appeal, we are called upon to determine whether the trial court lacked subject matter jurisdiction over plaintiff’s common-law defamation action because it constituted a "minor dispute” within the exclusive purview of the mandatory grievance-to-adjustment board procedures established by the Federal Railway Labor Act (RLA) (45 USC § 151 et seq.). For the reasons that follow, we conclude that plaintiff’s State law claim is preempted, and her exclusive remedy lies with the arbitration procedures established under the RLA.
Plaintiff Joan Harris was employed by…
2Cases cited14 opinions
- Lingle v. Norge Division of Magic Chef, Inc.Supreme Court of the United States · 1988
- Elgin, Joliet & Eastern Railway Co. v. BurleySupreme Court of the United States · 1945
- Linn v. United Plant Guard Workers of America, Local 114Supreme Court of the United States · 1966
- Consolidated Rail Corporation v. Railway Labor Executives' Assn.Supreme Court of the United States · 1989
- Atchison, Topeka & Santa Fe Railway v. BuellSupreme Court of the United States · 1987
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3Cited by7 opinions
- Kaplan v. EinyAppellate Division of the Supreme Court of the State of New York · 1994
- Gay v. CarlsonCourt of Appeals for the Second Circuit · 1995
- Gay v. CarlsonCourt of Appeals for the Second Circuit · 1995
- Harris v. HirshNew York Court of Appeals · 1995
- Teich v. TeichAppellate Division of the Supreme Court of the State of New York · 1997
2 more not listed; retrieve them via the Exa API.