United States Ninth Circuit

In an appeal arising out of a union-negotiated collective bargaining agreement governing employees of Lucky Stores' warehouse, partial summary judgment and jury trial in favor of defendants-union and officers is affirmed where: 1) the district court did not err in holding that federal law preempted breach of contract, breach of covenant of good faith and fair dealing, misrepresentation, and intentional infliction of emotional distress claims because each implicated the duty of fair representation; 2) it did not err in finding that the Labor Management Relations Act (LMRA) section 301, preempted plaintiffs' fraud and deceit claim, because the claim cannot be maintained without the court interpreting the provisions of the CBA; 3) RICO claims were preempted under case precedent because plaintiffs alleged an unfair labor practice which is prohibited under the NLRA; and 4) plaintiffs failed to perfect their challenge to an evidentiary decision to exclude evidence regarding a teamster jacket-burning incident.

Appellate Information

• Argued 02/13/2008
• Decided 05/16/2008
• Published 05/16/2008

Judges

• BETTY B. FLETCHER, Circuit Judge:, Before:  B. FLETCHER, DANIEL M. FRIEDMAN, and N. RANDY SMITH, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Lee A. Wood (argued), Raymond E. Brown, Lee A. Wood & Associates, P.C., Santa Ana, CA, for the plaintiffs-appellants.


• For Appellees:
  
• Fern M. Steiner (argued), Thomas Tosdal, Tosdal, Smith, Steiner & Wax, San Diego, CA, for the defendants-appellees.