Cramer v. Consolidated Freightways Inc.
Court of Appeals for the Ninth Circuit
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
- Caterpillar Inc. v. WilliamsSupreme Court of the United States · 1987
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- Allis-Chalmers Corp. v. LueckSupreme Court of the United States · 1985
- Lingle v. Norge Division of Magic Chef, Inc.Supreme Court of the United States · 1988
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