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United States Ninth Circuit

The Retail Property Trust v. UBCJA, 12-56427

The district court's grant of a motion to dismiss state-law claims and a motion for judgment on the pleadings is reversed, and dismissal of a federal claim is affirmed, where: 1) section 303 of the Labor Management Relations Act (LMRA) did not preempt state-law claims for trespass and private nuisance related to union activity that may also have constituted secondary boycott activity; 2) federal law does not so thoroughly occupy the field that it always preempts such claims; and 3) the LMRA did not conflict with the plaintiff mall owner's trespass and nuisance claims because the claims touched interests deeply rooted in local feeling and responsibility.

Appellate Information

  • Decided 09/23/2014
  • Published 09/23/2014


  • Bybee


  • United States Ninth Circuit


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