Legal Opinion

Cramer v. Consolidated Freightways Inc.

Court of Appeals for the Ninth Circuit

Decided June 15, 2001No. Nos. 98-55657, 98-56041 and 98-56154PublishedCited by 81 opinions

1Opinion of the Court

Opinion by Judge FISHER; Concurrence by Judge RICHARD C. TALLMAN; Dissent by Judge O’SCANNLAIN.

FISHER, Circuit Judge:

This appeal requires us to decide whether a plaintiffs state law privacy claim, based on California’s penal code, is preempted under § 301 of the Labor Management Relations Act (“LMRA”), 29 U.S.C. § 185. Resolution of this issue, in turn, leads us to clarify our Circuit’s approach to § 301 preemption. We hold that because plaintiffs’ privacy claims are not even arguably covered by the collective bargaining agreement (“CBA”), the claims are independent of the CBA and thus are…

2Cases cited24 opinions

  1. Caterpillar Inc. v. WilliamsSupreme Court of the United States · 1987
  2. Franchise Tax Bd. of Cal. v. Construction Laborers Vacation Trust for Southern Cal.Supreme Court of the United States · 1983
  3. Textile Workers v. Lincoln Mills of Ala.Supreme Court of the United States · 1957
  4. Allis-Chalmers Corp. v. LueckSupreme Court of the United States · 1985
  5. Lingle v. Norge Division of Magic Chef, Inc.Supreme Court of the United States · 1988

19 more not listed; retrieve them via the Exa API.

3Cited by81 opinions

  1. Sprewell v. Golden State WarriorsCourt of Appeals for the Ninth Circuit · 2001
  2. Soremekun v. Thrifty Payless, Inc.Court of Appeals for the Ninth Circuit · 2007
  3. Vasserman v. Henry Mayo Newhall Memorial HospitalDistrict Court, C.D. California · 2014
  4. Williams v. National Football LeagueCourt of Appeals for the Eighth Circuit · 2009
  5. Karnes v. Boeing CompanyCourt of Appeals for the Tenth Circuit · 2003

76 more not listed; retrieve them via the Exa API.

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