Legal Opinion

James Ciferni v. Day & Zimmerman Inc

Court of Appeals for the Third Circuit

Decided June 27, 2013No. 12-2647UnpublishedCited by 8 opinions

1Opinion of the Court

OPINION

AMBRO, Circuit Judge.

Appellant James Ciferni, a union employee subject to a collective bargaining agreement (“CBA”), asserted Pennsylvania common law claims for wrongful discharge and refusal to rehire in retaliation for claiming workers’ compensation. The District Court dismissed the action on the ground that § 301 of the Labor Management Relations Act, 29 U.S.C. § 185 (“LMRA”), preempted Ciferni’s state law claims and, under that federal provision, his complaint was untimely. For the reasons explained below, we affirm the District Court’s dismissal of those claims.

I. BACKGROUND

Appelle…

2Cases cited25 opinions

  1. Caterpillar Inc. v. WilliamsSupreme Court of the United States · 1987
  2. Franchise Tax Bd. of Cal. v. Construction Laborers Vacation Trust for Southern Cal.Supreme Court of the United States · 1983
  3. Metropolitan Life Insurance v. TaylorSupreme Court of the United States · 1987
  4. Textile Workers v. Lincoln Mills of Ala.Supreme Court of the United States · 1957
  5. Allis-Chalmers Corp. v. LueckSupreme Court of the United States · 1985

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3Cited by8 opinions

  1. Maddox v. City of NewarkDistrict Court, D. New Jersey · 2014
  2. Van Scyoc v. Equitrans, L.P.District Court, W.D. Pennsylvania · 2015
  3. Bashore v. Pocono Mountain Regional Police CommissionDistrict Court, M.D. Pennsylvania · 2020
  4. Bishop v. University of ScrantonDistrict Court, M.D. Pennsylvania · 2023
  5. COSGROVE v. NATIONAL RAILROAD PASSENGER CORPORATIONDistrict Court, E.D. Pennsylvania · 2025

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