United States Ninth Circuit

Dismissal of an uncertified class action alleging that defendant failed to pay plaintiff and other former employees all wages due upon termination is reversed and remanded with instructions to remand the action to state court where the Railway Labor Act did not completely pre-empt plaintiff's state law claim.

Appellate Information

• Argued 10/24/2008
• Decided 01/27/2009
• Published 01/27/2009

Judges

• MILAN D. SMITH, JR., Circuit Judge:, Before:  A. WALLACE TASHIMA and MILAN D. SMITH, JR., Circuit Judges, and GEORGE H. WU, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• A.E. Bud Bailey, Jacqueline L. Koch, and Gary A. Parks, Bailey Pinney & Associates, LLC, Vancouver, WA, for the plaintiff-appellant.


• For Appellees:
  
• Brenda K. Baumgart, Barren Liebman, LLP, Portland, OR, for the defendant-appellee.