Legal Opinion

Cesar Galvez v. Carl Kuhn, Anchor Glass, Inc.

Court of Appeals for the Ninth Circuit

Decided May 21, 1991No. 89-16562PublishedCited by 60 opinions

1Opinion of the Court

D.W. NELSON, Circuit Judge:

With this case, we revisit the field of labor law by asking a familiar question: Are an employee’s claims, in this instance alleging assault and battery and intentional infliction of emotional distress, preempted by Section 301 of the Labor Management Relations Act (LMRA)? Familiarity, however, has not bred facility. There is no sure route through the thicket and, as we face this problem anew, we once again must hack our way through the tangled and confusing interplay between federal and state law.

Facts

At the time of the alleged incident, appellant Cesar Galvez, a…

2Cases cited26 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. Allis-Chalmers Corp. v. LueckSupreme Court of the United States · 1985
  4. Lingle v. Norge Division of Magic Chef, Inc.Supreme Court of the United States · 1988
  5. Metropolitan Life Insurance v. MassachusettsSupreme Court of the United States · 1985

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

3Cited by60 opinions

  1. Kobold v. Good Samaritan Regional Medical CenterCourt of Appeals for the Ninth Circuit · 2016
  2. Felton v. Unisource Corp.Court of Appeals for the Ninth Circuit · 1991
  3. Crystal R. Jackson v. Randy Kimel at & T Technologies, Inc.Court of Appeals for the Fourth Circuit · 1993
  4. Su Humble v. Boeing Company, a Delaware CorporationCourt of Appeals for the Ninth Circuit · 2002
  5. Cramer v. Consolidated Freightways Inc.Court of Appeals for the Ninth Circuit · 2001

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API