Section 48 No Federal Preemption of State Tort Claim
| Library | Emp-Emp Law 2000 |
In Lingle v. Norge Division of Magic Chef, Inc., 486 U.S. 399 (1988), the Court held that a state tort claim will not be preempted by § 301 of the Labor-Management Relations Act, 1947 (LMRA), 29 U.S.C. § 185(a), when the resolution of the state-law claim does not require the court to interpret the collective bargaining agreement itself.
Before Lingle, the circuits were split on whether § 301 preempts retaliatory discharge claims under the states’ workers’ compensation laws, with the Eighth Circuit holding...
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