United States Second Circuit

In an action by Russian immigrants alleging that their former employer discriminated and retaliated against them based on their national origin, the dismissal of the action following removal is vacated where plaintiffs' state-court complaint neither invoked, nor substantially relied upon, any collective bargaining agreement, and therefore was not subject to Garmon preemption.

Appellate Information

• Argued 07/17/2009
• Decided 06/04/2010
• Published 06/04/2010

Judges

• BARRINGOTN D. PARKER, Circuit Judge:, Before: SACK and B.D. PARKER, Circuit Judges, and GOLDBERG, Judge .

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Anthony C. Ofodile, Ofodile & Associates, P.C., Brooklyn, NY, for Plaintiffs-Appellants.


• For Appellees:
  
• Richar M. Howard, Jonathan D. Farrell, Meltzer, Lippe, Goldstein & Breitstone, LLP, Mineola, N.Y. for Defendants-Appellees.