Thursday, January 29th, 2009
9th Cir: RLA Doesn’t Completely Preempt State Law
The 9th Circuit has held that the Railway Labor Act doesn’t “completely preempt” state law claims. State law claims, however, remain subject to “ordinary” preemption by the RLA. The panel, thus, held that the District Court lacked subject matter jurisdiction over the removed case, and directed the court to remand the matter to state court. The plaintiff had […]