Legal Opinion
Peterson v. Delta Air Lines, Inc.
Court of Appeals of Utah
Decided February 22, 2002No. 20000067-CAPublishedCited by 26 opinions
1Opinion of the Court
OPINION
JACKSON, Presiding Judge.
T1 Appellant Robert W. Peterson appeals the district court's Order of Dismissal, which granted Delta's motion to dismiss pursuant to Rule 12(b)(1) of the Utah Rules of Civil Procedure. The court explained that because Peterson's claims require interpretation of a collective bargaining agreement (CBA), they are preempted by the Railway Labor Act (RLA). We affirm.
BACKGROUND
12 "In determining whether the trial court properly granted [Delta's] motion [to dismiss] we must accept the factual allegations in the complaint as true and consider all reasonable inferences…
2Cases cited12 opinions
- Lingle v. Norge Division of Magic Chef, Inc.Supreme Court of the United States · 1988
- Hawaiian Airlines, Inc. v. NorrisSupreme Court of the United States · 1994
- Mock v. T.G. & Y. Stores Co.Court of Appeals for the Tenth Circuit · 1992
- Retherford v. AT & T Communications of the Mountain States, Inc.Utah Supreme Court · 1992
- Russell v. Thomson Newspapers, Inc.Utah Supreme Court · 1992
7 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Waddoups v. Amalgamated Sugar Co.Utah Supreme Court · 2002
- CDC Restoration & Construction, LC v. Tradesmen Contractors, LLCCourt of Appeals of Utah · 2012
- Estrada v. MendozaCourt of Appeals of Utah · 2012
- Jedrziewski v. SmithUtah Supreme Court · 2005
- In Re ChristensenUnited States Bankruptcy Court, D. Utah · 2019
21 more not listed; retrieve them via the Exa API.