Legal Opinion
St. Thomas-St. John Hotel & Tourism Ass'n v. Government of the United States Virgin Islands Ex Rel. Virgin Islands Department of Labor
Court of Appeals for the Third Circuit
Decided February 11, 2004No. 02-3621PublishedCited by 18 opinions
1Opinion of the Court
ROTH, MCKEE and COWEN, Circuit Judges
OPINION
This appeal presents the question whether the Virgin Islands Wrongful Discharge Act (WDA), 24 V.I. CODE ANN. §§ 76-79 is preempted by the National Labor Relations Act (NLRA), 29 U.S.C. §§ 151-169, and, if not, whether the application of the WDA to supervisors is preempted by the NLRA. A prior panel of this Court addressed the first issue at the preliminary injunction phase and decided that the WDA was not preempted. We adhere to that decision. The prior panel left open the second issue. On remand, the District Court held that the NLRA does not…
2Cases cited19 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- San Diego Building Trades Council v. GarmonSupreme Court of the United States · 1959
- Hines v. DavidowitzSupreme Court of the United States · 1941
- Cipollone v. Liggett Group, Inc.Supreme Court of the United States · 1992
- University of Texas v. CamenischSupreme Court of the United States · 1981
14 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Brown v. City of PittsburghCourt of Appeals for the Third Circuit · 2009
- The St. Thomas — St. John Hotel & Tourism Association, Inc. v. Government Of The United States Virgin IslandsCourt of Appeals for the Third Circuit · 2004
- Chamber of Commerce of the United States v. LockyerCourt of Appeals for the Ninth Circuit · 2006
- Chamber of Commerce of the United States California Chamber of Commerce Employers Group California Healthcare Association California Manufacturers and Technology Assn. California Association of Health Facilities California Association of Home & Services for the Aging Bettec Corporation Marksherm Corporation Zilaco Inc., Zilaco Del Rio Healthcare, Inc. Beverly Health & Rehabilitation Services, Inc. Dba Beverly Manor Costa Mesa Internext Group, California Labor Federation, Afl-Cio American Federation of Labor and Congress of Industrial Organizations, Intervenors-Appellants v. Bill Lockyer, Attorney General, in His Capacity as Attorney General of the State of California Department of Health Services Frank G. Vanacore, as the Chief of the Audit Review and Analysis Section of the California Department of Health Services Diana M. Bonta, R.N., Dr., ph.d, as the Director of the California Department of Health Services, Chamber of Commerce of the United States California Chamber of Commerce Employers Group California Healthcare Association California Manufacturers and Technology Assn. California Association of Health Facilities California Association of Home & Services for the Aging Bettec Corporation Marksherm Corporation Zilaco Inc., Zilaco Del Rio Healthcare, Inc. Beverly Health & Rehabilitation Services, Inc. Dba Beverly Manor Costa Mesa Internext Group, and California Labor Federation, Afl-Cio American Federation of Labor and Congress of Industrial Organizations, Intervenors-Appellants v. Bill Lockyer, Attorney General, in His Capacity as Attorney General of the State of California Department of Health Services Frank G. Vanacore, as the Chief of the Audit Review and Analysis Section of the California Department of Health Services Diana M. Bonta, R.N., Dr., ph.d, as the Director of the California Department of Health ServicesCourt of Appeals for the Ninth Circuit · 2006
- Mina v. Hotel on the Cay Time-Sharing Ass'nSuperior Court of The Virgin Islands · 2015
13 more not listed; retrieve them via the Exa API.