Legal Opinion
Roy Allan Slurry Seal v. Laborers International Union of North America Highway & Street Stripers/Road & Street Slurry Local Union 1184
Court of Appeals for the Ninth Circuit
Decided March 2, 2001No. 99-55883PublishedCited by 1 opinion
1Opinion of the Court
McKEOWN, Circuit Judge:
This case requires us to determine the relationship between a state attorney’s fees provision and federal labor law. Specifically, we must consider whether California Civil Code section 1717, which renders reciprocal an otherwise unilateral contractual provision for attorney’s fees, is preempted by the federal Labor Management Relations Act (“LMRA”). Because an award of fees under section 1717 would read a new term into the collective bargaining agreement (“CBA”), thereby undermining two primary goals of the LMRA-interpreting CBAs uniformly, and respecting the…
2Cases cited16 opinions
- Franchise Tax Bd. of Cal. v. Construction Laborers Vacation Trust for Southern Cal.Supreme Court of the United States · 1983
- Alyeska Pipeline Service Co. v. Wilderness SocietySupreme Court of the United States · 1975
- Textile Workers v. Lincoln Mills of Ala.Supreme Court of the United States · 1957
- Allis-Chalmers Corp. v. LueckSupreme Court of the United States · 1985
- Lingle v. Norge Division of Magic Chef, Inc.Supreme Court of the United States · 1988
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3Cited by1 opinion
- Roy Allan Slurry Seal v. Laborers International Union Of North America Highway And Street Stripers/Road And Street Slurry Local Union 1184, Afl-CioCourt of Appeals for the Ninth Circuit · 2001