United States Sixth Circuit

In a negligence and intentional misconduct case, summary judgment for defendants and denial of a motion to remand the case to state court is vacated and remanded where: 1) there was no federal preemption under section 301 of the Labor Management Relations Act because the collective bargaining agreement (CBA) did not impose a duty on defendant to conduct pre-employment examinations and disclose information; and 2) the district court did not have subject matter jurisdiction over the action since the plaintiff's claims were rooted in state law independent of the CBA.

Appellate Information

• Decided 05/16/2008
• Published 05/16/2008

Judges

• Before: MERRITT, DAUGHTREY, and MOORE, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Thomas J. Intili, Skilken, Lowe & Dankof, Dayton, Ohio, for Appellants.  John M. Kunst, Jr., Dinsmore & Shohl, Cincinnati, Ohio, for Appellees.   ON BRIEF:  Thomas J. Intili, Skilken, Lowe & Dankof, Dayton, Ohio, P. Richard Meyer, Meyer & Williams, Jackson, Wyoming, for Appellants.  John M. Kunst, Jr., Melissa L. Korfhage, Dinsmore & Shohl, Cincinnati, Ohio, for Appellees.