(Download) "Ethridge V. Harbor House Restaurant" by United States Court of Appeals for the Ninth Circuit # Book PDF Kindle ePub Free
eBook details
- Title: Ethridge V. Harbor House Restaurant
- Author : United States Court of Appeals for the Ninth Circuit
- Release Date : January 17, 1988
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 82 KB
Description
In these consolidated appeals, John W. Ethridge, Jr. ("Ethridge") appeals from the district court's orders dismissing two complaints filed by him in California state court, but which Harbor House Restaurant ("Harbor House")*fn1 removed to federal district court on the basis of federal question jurisdiction. See 28 U.S.C. § 1441(b). Ethridge contends that Harbor House improperly removed his first complaint (the "1986 complaint") because the district court lacked jurisdiction over the case. Ethridge argues that the district court should have remanded the action to state court instead of dismissing it on the ground the action was preempted by the exclusive jurisdiction of the National Labor Relations Board ("NLRB"). After the court dismissed the 1986 complaint, Ethridge filed a second complaint (the "1987 complaint") in state court. Harbor House then removed this complaint to federal court. The district court dismissed the 1987 complaint. It concluded that Ethridge's claims were barred by the claim preclusive effect of the prior order dismissing the 1986 complaint,*fn2 and that any new claims asserted by Ethridge were preempted by sections 7 and 8 of the National Labor Relations Act, 29 U.S.C. §§ 157, 158. Ethridge contends the district court erred in dismissing his 1986 and 1987 complaints.
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