United States Seventh Circuit
Smart v. Local 702 Int'l Bhd. of Electrical Workers, Local 702, 07-4088
In an action brought by a non-union company against a union and its counsel, district court's grant of defendant's motion to dismiss is affirmed where: 1) plaintiff's state antitrust claim is preempted by federal law; 2) court properly dismissed plaintiff's unwarranted prosecution claim as he had already failed to prevail in the underlying actions; and 3) court properly dismissed plaintiff's legal malpractice claim as he did not have an attorney client relationship with defendant's counsel. Case is remanded in part for further evaluation where plaintiff's complaint includes allegations of secondary boycott activity for which relief is available under 29 U.S.C. sec. 187.
Appellate Information
- Decided 04/07/2009
- Published 04/07/2009
Judges
- Before RIPPLE, KANNE and TINDER, Circuit Judges.
Court
- United States Seventh Circuit
Counsel
- For Appellant:
- Ronald D. Smart, pro se., Gerald E. Berendt, pro se, Amicus Curiae.
- For Appellees:
- Marilyn Teitelbaum, Schuchat, Cook & Werner, St. Louis, MO, for Defendants-Appellees.