Washington v. Union Carbide Corp.

This case presents an important issue of the proper procedural approach to take in deciding § 301 preemption issues under the special circumstances presented by an unsettled condition of state law. That problem has not been definitively addressed either by the Supreme Court or this court, and it is a problem that will undoubtedly recur. For that reason and because I disagree with the majority’s approach and consequently with the result it reaches, I respectfully dissent.

In general terms I disagree with the majority’s perception that in such a situation the federal courts should resolve the…