No. 23-275

Nancy Avina v. Union Pacific Railroad

Lower Court: Eighth Circuit
Docketed: 2023-09-21
Status: Denied
Type: Paid
Experienced Counsel
Tags: 42-usc-1981 age-discrimination age-discrimination-in-employment-act civil-rights employment-discrimination employment-law federal-preemption preemption railway-labor-act statutory-interpretation
Key Terms:
Arbitration ERISA SocialSecurity LaborRelations EmploymentDiscrimina
Latest Conference: 2024-01-05
Question Presented (AI Summary)

Does the Railway Labor Act preempt, preclude or otherwise limit claims under anti-discrimination statutes?

Question Presented (OCR Extract)

QUESTION PRESENTED* Does the Railway Labor Act preempt, preclude or otherwise limit, and if so when and in what way, claims under anti-discrimination statutes, such as the Age Discrimination in Employment Act or 42 U.S.C. § 1981? * A similar question is presented in Polk v. Amtrak National Railroad Passenger Corporation, No. 23-249. ii PARTIES The petitioner is Nancy Avina. The respondent is the Union Pacific Railroad.

Docket Entries

2024-01-08
Petition DENIED.
2023-12-06
DISTRIBUTED for Conference of 1/5/2024.
2023-12-05
2023-11-22
2023-10-16
Motion to extend the time to file a response is granted and the time is extended to and including November 22, 2023.
2023-10-13
Motion to extend the time to file a response from October 23, 2023 to November 22, 2023, submitted to The Clerk.
2023-09-19

Attorneys

Nancy Avina
Eric SchnapperUniv. of Washington School of Law, Petitioner
Eric SchnapperUniv. of Washington School of Law, Petitioner
Union Pacific Railroad
Thomas Henderson Dupree Jr.Gibson, Dunn & Crutcher, LLP, Respondent
Thomas Henderson Dupree Jr.Gibson, Dunn & Crutcher, LLP, Respondent