Legal Opinion

Kelecheva v. Multivision Cable T v. Corp.

California Court of Appeal

Decided August 31, 1993No. A058746PublishedCited by 17 opinions

1Opinion of the Court

Opinion

PHELAN, J.

Plaintiff Gary G. Kelecheva timely appeals from a judgment of dismissal entered in favor of defendant Multivision Cable T.V. Corp. on motion for summary judgment. The superior court ruled that each of the three causes of action alleged in plaintiff’s wrongful termination complaint was within the exclusive jurisdiction of the National Labor Relations Board (NLRB) under the federal preemption doctrine first announced in San Diego Unions v. Garmon (1959) 359 U.S. 236 [3 L.Ed.2d 775, 79 S.Ct. 773] (hereafter Garmon). We affirm the trial court’s judgment as to the dismissal of…

2Cases cited29 opinions

  1. Vaca v. SipesSupreme Court of the United States · 1967
  2. San Diego Building Trades Council v. GarmonSupreme Court of the United States · 1959
  3. Foley v. Interactive Data Corp.California Supreme Court · 1988
  4. Farmer v. United Brotherhood of Carpenters & Joiners of America, Local 25Supreme Court of the United States · 1977
  5. Sears, Roebuck & Co. v. San Diego County District Council of CarpentersSupreme Court of the United States · 1978

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3Cited by17 opinions

  1. Gould v. Maryland Sound Industries, Inc.California Court of Appeal · 1995
  2. Lewis v. Whirlpool Corp.Court of Appeals for the Sixth Circuit · 2011
  3. Willard v. Khotol Services CorporationAlaska Supreme Court · 2007
  4. Hillhaven Oakland Nursing & Rehabilitation Center v. Health Care Workers UnionCalifornia Court of Appeal · 1996
  5. Ruscigno v. AMERICAN NATIONAL CAN COMPANY, INC.California Court of Appeal · 2000

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