No. 22-761

Todd Bowers v. International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and Helpers, AFL-CIO

Lower Court: Fourth Circuit
Docketed: 2023-02-13
Status: Denied
Type: Paid
Tags: due-process federal-question-jurisdiction labor-management-relations-act motion-to-remand notice-of-removal preemption removal state-law-claims
Key Terms:
Arbitration ERISA DueProcess FourthAmendment LaborRelations JusticiabilityDoctri Jurisdiction
Latest Conference: 2023-04-14
Question Presented (AI Summary)

Whether district court properly maintained federal question jurisdiction

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW Whether it was proper for a district court to maintain federal question jurisdiction upon Notice of Removal and Response in Opposition/Motion to Remand where Plaintiff's claims as set forth in his Complaint were based exclusively on state law and were not substantially dependent upon the collective bargaining allegedly giving rise to federal jurisdiction under Labor Management Relations Act (“LMRA”). Whether it was proper, upon assuming jurisdiction, for the district court to dismiss Plaintiffs claims based on LMRA preemption. Whether, notwithstanding its dismissal under the LMRA, dismissal of Appellant’s claims on state law grounds constitutes a violation of Appellants due process rights under the 14» Amendment.

Docket Entries

2023-04-17
Petition DENIED.
2023-03-29
DISTRIBUTED for Conference of 4/14/2023.
2023-03-15
Brief of respondent International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers, and Helpers AFL-CIO in opposition filed.
2023-02-08

Attorneys

International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers, and Helpers AFL-CIO
Michael J. StappBlake & Uhlig, P.A., Respondent
Michael J. StappBlake & Uhlig, P.A., Respondent
Todd Bowers
Christian John RiddellThe Riddell Law Group, Petitioner
Christian John RiddellThe Riddell Law Group, Petitioner