Monday, February 4th, 2008...9:00 am

9th Cir: No 301 Preemption of Multiple State Claims

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A 9th Circuit panel (including Pregerson and Bea) has unanimously reversed Judge Manuel Real on a host of state law claims that Real erroneously held were preempted by § 301.  The panel held that the employee’s claims for public policy wrongful termination, fraud, age discrimination, IIED, and NIED did not require interpretation of the CBA, and therefore were not preempted.

Romero v. San Pedro Forklift, Inc.2008 WL 313063 (9th Cir. Feb. 1, 2008)(unpub.).

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