Legal Opinion
John Garibaldi v. Lucky Food Stores, Inc.
Court of Appeals for the Ninth Circuit
Decided February 27, 1984No. 83-5686PublishedCited by 158 opinions
1Opinion of the Court
FLETCHER, Circuit Judge:
Plaintiff, John Garibaldi, an employee suing for damages in connection with an alleged wrongful discharge, appeals from a summary judgment in favor of his employer, defendant Lucky Food Stores. We reverse on the grounds that the action was improperly removed from state court and that the district court lacked jurisdiction. The case turns on whether plaintiff’s claims are preempted.
I
FACTUAL BACKGROUND
Garibaldi was employed by Lucky Food Stores beginning in October 1969 as a box-boy. After a three-year leave of absence for military service from 1970 to- 1973 he returned…
2Cases cited44 opinions
- Vaca v. SipesSupreme Court of the United States · 1967
- DelCostello v. International Brotherhood of TeamstersSupreme Court of the United States · 1983
- Alexander v. Gardner-Denver Co.Supreme Court of the United States · 1974
- Textile Workers v. Lincoln Mills of Ala.Supreme Court of the United States · 1957
- Gully v. First Nat. Bank in MeridianSupreme Court of the United States · 1936
39 more not listed; retrieve them via the Exa API.
3Cited by158 opinions
- Flesner v. Technical Communications Corp.Massachusetts Supreme Judicial Court · 1991
- Foley v. Interactive Data Corp.California Supreme Court · 1988
- John Desoto v. Yellow Freight Systems, Inc.Court of Appeals for the Ninth Circuit · 1992
- Sterling Drug, Inc. v. OxfordSupreme Court of Arkansas · 1988
- Ruth L. Young v. Anthony's Fish Grottos, Inc. Anthony's Fish Grotto of La Jolla Anthony's Fish Grotto of La Mesa, Inc. And Ida TagliaferriCourt of Appeals for the Ninth Circuit · 1987
153 more not listed; retrieve them via the Exa API.