Legal Opinion
Seyed N. Shafii v. British Airways, Plc
Court of Appeals for the Second Circuit
Decided May 8, 1996No. 1288, Docket 95-7816PublishedCited by 145 opinions
1Opinion of the Court
CALABRESI, Circuit Judge:
This dispute requires us to consider whether the state claims brought by an employee against his former employer can be resolved without reference to the language of a collective bargaining agreement. If they can, they belong in state court despite the general preemptive effect of the Railway Labor Act (RLA), 45 U.S.C. § 151-188. We hold that the claims raised in this action are not preempted by the RLA, and that they should be remanded to the state court.
Background
The facts are essentially undisputed. In December 1988, while employed by British Airways as a…
2Cases cited12 opinions
- Caterpillar Inc. v. WilliamsSupreme Court of the United States · 1987
- Hawaiian Airlines, Inc. v. NorrisSupreme Court of the United States · 1994
- Barbara Allen v. R & H Oil & Gas Company, Farrar Oilfield Service and Equipment Co., and Tri-State Oil Services, Inc., Tri-State Oil Services, Inc.Court of Appeals for the Fifth Circuit · 1995
- Oliveri v. ThompsonCourt of Appeals for the Second Circuit · 1986
- In Re Anthony R. Martin-Trigona, Movant. In Re George Sassower, MovantCourt of Appeals for the Second Circuit · 1993
7 more not listed; retrieve them via the Exa API.
3Cited by145 opinions
- Whitaker v. American Telecasting, Inc.Court of Appeals for the Second Circuit · 2001
- James I. Wynn, Jr. v. Ac Rochester, General Motors Corporation, Charles Volo, Personally and in His Capacity as Personnel ManagerCourt of Appeals for the Second Circuit · 2001
- Schlaifer Nance & Co. v. Estate of WarholCourt of Appeals for the Second Circuit · 1999
- Broder v. Cablevision Systems Corp.Court of Appeals for the Second Circuit · 2005
- John R. D'alessio, D'Alessio Securities, Inc. v. New York Stock Exchange, Inc., Richard A. Grasso, Edward A. Kwalwasser, and Robert J. McSweeneyCourt of Appeals for the Second Circuit · 2001
140 more not listed; retrieve them via the Exa API.