Legal Opinion
Nashiro v. Lockheed Missiles & Space Co.
Court of Appeals for the Ninth Circuit
Decided May 28, 2003No. 02-15898; D.C. No. CV-01-20990-JWPublished
1Opinion of the Court
MEMORANDUM *
The district court did not err when it dismissed appellant Richard Nashiro’s contract claims on the basis of res judicata. See Stewart v. U.S. Bancorp, 297 F.3d 953, 956 (9th Cir.2002). The state court correctly ruled that Nashiro’s claims were preempted by § 301 of the Labor Management Relations Act. The district court properly held that Nashiro had a full and fair opportunity to amend his contract claims in state court to assert them under § 301. See Warehouse, Processing Dist. Workers Union, Local 26 v. Hugo Neu Proler Co., 65 Cal.App.4th 732, 737, 76 Cal.Rptr.2d 814…
2Cases cited3 opinions
- Margaret Stewart Jamey L. Paulson William Keith Laura Spencer Lee Callison Stephanie Glowa Terri Gorecki Dan Berryman v. U.S. BancorpCourt of Appeals for the Ninth Circuit · 2002
- Thomas Tellez v. Pacific Gas and Electric Company, Inc., and Does I-X, InclusiveCourt of Appeals for the Ninth Circuit · 1987
- Warehouse, Processing, Distribution Workers Union v. Hugo Neu Proler Co.California Court of Appeal · 1998