Legal Opinion

Paul v. Kaiser Foundation Health Plan

Court of Appeals for the Sixth Circuit

Decided December 11, 2012No. 11-4217PublishedCited by 51 opinions

1Opinion of the Court

OPINION

McKEAGUE, Circuit Judge.

Plaintiff Dana Paul brought state law claims for disability discrimination and retaliation against her former employer after her 12-year employment as a CT Technologist came to an end. Defendant Kaiser Foundation Health Plan of Ohio removed the action from state court to federal court on the basis of complete preemption under the Labor Management Relations Act, contending plaintiffs claims implicated rights under the collective bargaining agreement. Defendant also moved for judgment on the pleadings, contending that plaintiffs attempt to enforce rights under the…

2Cases cited13 opinions

  1. Caterpillar Inc. v. WilliamsSupreme Court of the United States · 1987
  2. Martin v. Franklin Capital Corp.Supreme Court of the United States · 2005
  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. Beneficial National Bank v. AndersonSupreme Court of the United States · 2003

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3Cited by51 opinions

  1. Philip Crosby v. Cooper B-Line, IncorporatedCourt of Appeals for the Seventh Circuit · 2013
  2. Moore Ex Rel. D.S. v. Kansas City Public SchoolsCourt of Appeals for the Eighth Circuit · 2016
  3. K.B., by and through her natural parent, Jennifer Qassis v. Methodist HealthcareCourt of Appeals for the Sixth Circuit · 2019
  4. Robert Odell, Jr. v. Kalitta Air, LLCCourt of Appeals for the Sixth Circuit · 2024
  5. A Forever Recovery, Inc. v. Township of PennfieldCourt of Appeals for the Sixth Circuit · 2015

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