Legal Opinion

Duane Carlson v. Arrowhead Concrete Works, Inc.

Court of Appeals for the Eighth Circuit

Decided April 19, 2006No. 05-3100PublishedCited by 131 opinions

1Opinion of the Court

MURPHY, Circuit Judge.

Duane Carlson (Carlson) brought this action in state court against his former employer Arrowhead Concrete Works, Inc. (Arrowhead) for retaliatory discharge and failure to recall, in violation of the Minnesota Occupational Safety and Health Act and the state whistleblower statute. Arrowhead removed the case to the federal district court, alleging complete preemption under § 301 of the Labor Management Relations Act (LMRA), and then moved to dismiss. The district court 1 denied the motion to dismiss and remanded the ease after concluding that it lacked subject matter…

2Cases cited38 opinions

  1. Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
  2. Caterpillar Inc. v. WilliamsSupreme Court of the United States · 1987
  3. Coopers & Lybrand v. LivesaySupreme Court of the United States · 1978
  4. San Diego Building Trades Council v. GarmonSupreme Court of the United States · 1959
  5. Allis-Chalmers Corp. v. LueckSupreme Court of the United States · 1985

33 more not listed; retrieve them via the Exa API.

3Cited by131 opinions

  1. Shannon Jacks v. Meridian Resource CompanyCourt of Appeals for the Eighth Circuit · 2012
  2. Glorvigen v. Cirrus Design Corp.Court of Appeals for the Eighth Circuit · 2009
  3. In Re M & S Grading, Inc.Court of Appeals for the Eighth Circuit · 2008
  4. Trustees of the Twin City Bricklayers Fringe Benefit Funds v. Superior Waterproofing, Inc.Court of Appeals for the Eighth Circuit · 2006
  5. Public School Retirement System v. State Street Bank & Trust Co.Court of Appeals for the Eighth Circuit · 2011

126 more not listed; retrieve them via the Exa API.

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