Legal Opinion

Carlson v. Arrowhead Concrete Works, Inc.

District Court, D. Minnesota

Decided June 24, 2005No. CIV.04-5027(RHK/RLE)PublishedCited by 6 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

KYLE, District Judge.

Introduction

This case arises out of an employee’s allegation that he was laid off and not recalled to work because he complained to his employer that his job was unsafe. Plaintiff Duane Carlson has sued Defendant Arrowhead Concrete Works, Inc. (“Arrowhead”) alleging violations of two Minnesota anti-retaliation laws. Before the Court is Arrowhead’s Motion to Dismiss. For the reasons set forth below, the Court will deny Arrowhead’s Motion and, because subject matter jurisdiction is lacking, will remand the case to state court.

Background

In…

2Cases cited20 opinions

  1. Caterpillar Inc. v. WilliamsSupreme Court of the United States · 1987
  2. San Diego Building Trades Council v. GarmonSupreme Court of the United States · 1959
  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. Livadas v. BradshawSupreme Court of the United States · 1994

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3Cited by6 opinions

  1. Duane Carlson v. Arrowhead Concrete Works, Inc.Court of Appeals for the Eighth Circuit · 2006
  2. Nelson v. McAlester Fuel CompanyNorth Dakota Supreme Court · 2017
  3. Riemers v. State for the University of North DakotaNorth Dakota Court of Appeals · 2007
  4. Bernard Nadeau v. Twin Rivers Paper Company, LLCSupreme Judicial Court of Maine · 2021
  5. Duane Carlson v. Arrowhead ConcreteCourt of Appeals for the Eighth Circuit · 2006

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