Legal Opinion

Rael v. Smith's Food & Drug Centers, Inc.

Court of Appeals for the Tenth Circuit

Decided November 7, 2017No. 16-2278UnpublishedCited by 9 opinions

1Opinion of the Court

ORDER AND JUDGMENT *

Mary Beck Briscoe, Circuit Judge

Thomas Rael appeals the district court’s dismissal of his state law tort claims as preempted by § 301 of the Labor Management Relations Act (“LMRA”), 29 U.S.C. § 185(a). Exercising jurisdiction under 28 U.S.C. § 1291, we affirm.

I. Factual Background

Rael worked for Smith’s Food and Drug Centers as a meat cutter for 25 years until he resigned in December 2014. The terms of Rael’s employment were governed by a collective bargaining agreement (“CBA”) negotiated between Smith’s and Rael’s union. Arturo Suazo became Rael’s immediate supervisor…

2Cases cited16 opinions

  1. Allis-Chalmers Corp. v. LueckSupreme Court of the United States · 1985
  2. Lingle v. Norge Division of Magic Chef, Inc.Supreme Court of the United States · 1988
  3. Mock v. T.G. & Y. Stores Co.Court of Appeals for the Tenth Circuit · 1992
  4. Garley v. Sandia Corp.Court of Appeals for the Tenth Circuit · 2001
  5. Coates v. Wal-Mart Stores, Inc.New Mexico Supreme Court · 1999

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3Cited by9 opinions

  1. Elliott v. Tulsa Cement, LLCDistrict Court, N.D. Oklahoma · 2019
  2. Ballou v. United Parcel Service, Inc.District Court, D. Kansas · 2021
  3. Ballou v. United Parcel Service, Inc.District Court, D. Kansas · 2023
  4. Benge v. United Parcel Service, Inc.District Court, D. Kansas · 2022
  5. Brandy Stokes-Reed v. Noah Nesin, M.D., et al.District Court, D. Maine · 2025

4 more not listed; retrieve them via the Exa API.

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