United Food & Commercial v. Wal-Mart Stores, Inc.

Walmart and the United Food and Commercial Workers International Union, OURWalmart, et al., (collectively, “UFCW’), are engaged in strategic jurisdictional battles throughout the nation. Walmart brought this action against UFCW seeking an injunction against future trespasses and nuisances. The issue on appeal is whether Walmart’s trespass claim, based on Florida law, is preempted by the National Labor Relations Act (“NLRA”). 29 U.S.C. §§ 151-169 (2016). 1 The trial court found that Walmart’s claim was not preempted because it fell under the exception to NLRA preemption recognized in Sears,…