Legal Opinion
Carpenters Health and Welfare Trust Fund v. Acme Industries, Inc.
California Court of Appeal
Decided September 28, 1990No. A047923PublishedCited by 3 opinions
1Opinion of the Court
Opinion
KING, J.
In this case we hold that Civil Code section 1717 is preempted by section 301(a), of the Labor Management Relations Act (LMRA) (29 U.S.C. § 185(a)) as to an employer not a party to a collective bargaining agreement, but claimed to be a party’s alter ego.
This appeal by several employee benefit plans and express trusts (hereafter the Trust Funds) challenges an award of attorney fees under Civil Code section 1717. Various collective bargaining agreements between the Trust Funds and employers required the employers to make fringe benefit contributions to the Trust Funds. Acme…
2Cases cited9 opinions
- Alyeska Pipeline Service Co. v. Wilderness SocietySupreme Court of the United States · 1975
- Allis-Chalmers Corp. v. LueckSupreme Court of the United States · 1985
- Local 174, Teamsters, Chauffeurs, Warehousemen & Helpers v. Lucas Flour Co.Supreme Court of the United States · 1962
- Manier v. Anaheim Business Center Co.California Court of Appeal · 1984
- William C. Waggoner, Etc., and Cross-Appellants v. Northwest Excavating, Inc., Etc., and Cross-AppelleeCourt of Appeals for the Ninth Circuit · 1981
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3Cited by3 opinions
- Warehouse, Processing, Distribution Workers Union v. Hugo Neu Proler Co.California Court of Appeal · 1998
- Roy Allan Slurry Seal v. Laborers International Union of North America Highway & Street Stripers/Road & Street Slurry Local Union 1184Court of Appeals for the Ninth Circuit · 2001
- Roy Allan Slurry Seal v. Laborers International Union Of North America Highway And Street Stripers/Road And Street Slurry Local Union 1184, Afl-CioCourt of Appeals for the Ninth Circuit · 2001