United States Seventh Circuit

In a suit by a railroad seeking a declaratory judgment that state overtime provisions were preempted by federal law, summary judgment for plaintiff and determination that federal law preempted the state statute are affirmed where: 1) plaintiff's claim that the state labor agency's investigation and enforcement of state overtime law was preempted by the federal Railway Labor Act was not ripe for consideration; and 2) field preemption applied in light of the comprehensive federal regulation of the railways.

Appellate Information

• Argued 05/14/2008
• Decided 08/26/2008
• Published 08/26/2008

Judges

• FLAUM, Circuit Judge., Before BAUER, FLAUM, and MANION, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellees:
  
• James S. Whitehead (argued), Sidley Austin, Chicago, IL, for Plaintiff-Appellee., Rachel A. Hoover (argued), Office of the Attorney General, Chicago, IL, for Defendants-Appellants.