United States Ninth Circuit

In a labor dispute, grant of one defendant's motion to dismiss is affirmed and denial of other defendant's motion to compel arbitration is reversed where: 1) for purposes of jurisdiction under section 301(a) of the Labor Management Relations Act, a claim for tortious interference cannot arise under an agreement to which defendant is not a party and in which defendant is not referenced; and 2) contesting formation of the contract under which plaintiff sues does not waive a defendant's right to assert the contract's arbitration clause.

Appellate Information

• Decided 10/22/2008
• Published 10/22/2008

Judges

• GOULD, Circuit Judge:, Before:  RONALD M. GOULD and CARLOS T. BEA, Circuit Judges, and JAMES W. SEDWICK, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Garry G. Mathiason, Alan S. Levins, Adam J. Peters, and Kimberly L. Owens, Littler Mendelson, San Francisco, CA, for plaintiff-appellant Granite Rock Company.


• For Appellees:
  
• Stephen P. Berzon, Peter D. Nussbaum, and Peder J.V. Thoreen, Altshuler Berzon LLP, San Francisco, CA, for appellee International Brotherhood of Teamsters., Duane B. Beeson and Lisa W. Pau, Beeson, Tayer & Bodine, APC, San Francisco, CA, for appellant/cross-appellee Teamsters Local 287.