Legal Opinion
Daughtery v. Lucky Stores, Inc.
District Court, C.D. Illinois
Decided February 27, 1985No. 84-1382PublishedCited by 4 opinions
1Opinion of the Court
ORDER
MIHM, District Judge.
In this action, which was removed to federal court by the Defendant on the basis of diversity jurisdiction, 28 U.S.C. § 1332, the Plaintiff brings a state law claim for wrongful discharge based on her alleged discharge from employment by the Defendant for filing a workers’ compensation claim. The Defendant moves to dismiss the Plaintiff’s complaint on the basis that this Court lacks subject matter jurisdiction over the state law action because it is preempted by applicable federal labor law. 1
The State of Illinois has recognized the existence of a cause of action in…
2Cases cited12 opinions
- Associated General Contractors of California, Inc. v. California State Council of CarpentersSupreme Court of the United States · 1983
- San Diego Building Trades Council v. GarmonSupreme Court of the United States · 1959
- Amalgamated Ass'n of Street, Electric Railway & Motor Coach Employees of America v. LockridgeSupreme Court of the United States · 1971
- Kelsay v. Motorola, Inc.Illinois Supreme Court · 1978
- Farmer v. United Brotherhood of Carpenters & Joiners of America, Local 25Supreme Court of the United States · 1977
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3Cited by4 opinions
- Lingle v. Norge Division of Magic Chef, Inc.Court of Appeals for the Seventh Circuit · 1987
- Ryherd v. General Cable Co.Appellate Court of Illinois · 1986
- Jonna R. Lingle v. Norge Division of Magic Chef, Inc., Pamela S. Martin v. Carling National Breweries, Inc., a Foreign Corporation, G. Heileman Brewing Company, Inc., a Foreign Corporation, D/B/A Carling National Breweries, John Snyder, and Charles RheinCourt of Appeals for the Seventh Circuit · 1987
- Odom v. Terminal RailroadDistrict Court, S.D. Illinois · 1985