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United States Ninth Circuit


Wolfe v. BNSF Railway Company, 12-35054

Summary judgment in favor of defendant-railway in an action brought by plaintiff-employee alleging railway mismanagement and misconduct is: 1) affirmed in part, where plaintiff's state law claim alleging injury caused by defendant's misconduct in employee disciplinary proceedings under the collective bargaining agreement (CBA) was preempted by the federal Railway Labor Act; 2) reversed in part with regard to plaintiff's state law claim alleging negligent mismanagement that resulted in a collision, because this conduct was independent of the CBA and did not require interpretation of the CBA, so it therefore was not preempted by the Railway Labor Act; and 3) reversed in part, as to the ruling dismissing plaintiff's punitive damages claim.

Appellate Information

  • Decided 04/23/2014
  • Published 04/23/2014

Judges

  • PREGERSON

Court

  • United States Ninth Circuit

Counsel

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