United States Eighth Circuit

In an action in state court seeking a declaratory judgment that section 25-1640 of the Nebraska Revised Statutes obligated defendant to reimburse plaintiff for "productivity shares" lost because of his service on a federal grand jury, the district court's dismissal of the action and denial of plaintiff's motion to remand are affirmed where plaintiff's claim under Neb. Rev. Stat. section 25-1640 was preempted because his "alleged entitlement to productivity shares arises solely from the terms of the collective bargaining agreement," and interpretation of the CBA would be "certainly necessary" to resolve the claim.

Appellate Information

• Decided 06/14/2010
• Published 06/14/2010

Judges

• LOKEN, Chief Judge., Before LOKEN, Chief Judge,GRUENDER and BENTON, Circuit Judge.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Charles A. Collins, argued, St. Paul, MN, for appellant.


• For Appellees:
  
• David M. Pryor, argued, Fort Worth, TX (Melanie J. Whittamore-Mantzios, on the brief, Lincoln, NE), for appellee.