Legal Opinion
New Jersey Carpenters & the Trustees Thereof Ex Rel. Chatten v. Tishman Construction Corp.
Court of Appeals for the Third Circuit
Decided July 28, 2014No. 13-3005PublishedCited by 290 opinions
1Opinion of the Court
OPINION
CHAGARES, Circuit Judge.
In this case, we must decide whether the New Jersey Prevailing Wage Act, N.J. Stat. Ann. § 34:11-56.25, et seq. (“PWA”) is completely preempted by either the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. § 1001, et seq., or the Labor Management Relations Act (“LMRA”), 29 U.S.C. § 141, et seq. Because we conclude that neither statute completely preempts the PWA, the District Court was without jurisdiction to dismiss the plaintiffs’ complaint. We will therefore vacate the judgment of the District Court and remand the action with instructions…
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3Cited by290 opinions
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