Barske v. Rockwell International Corp.

ANDREASEN, Justice.

The question before us is whether a state law claim for pre-employment misrepresentation is pre-empted by federal labor law. Former employees brought this action in state court against the employer claiming breach of pre-employment agreements and misrepresentations concerning the duration of their employment. A jury returned a verdict in favor of the plaintiffs on the claims of negligent misrepresentation. Following defendant’s posttrial motion, the district court set aside the damage awards ruling that the plaintiffs’ claims were pre-empted by federal law. We reverse.

I.…