Lisa Ferrell v. Nancy Cross Book Reviews

Lisa Ferrell v. Nancy Cross by Supreme Court of North Carolina Book Summary

We are asked to determine whether this action, brought by a Northwest Airlines (Northwest) employee, alleging state tort law claims of defamation and intentional infliction of emotional distress, is preempted by the Railway Labor Act (Act), 45 U.S.C. ? 151. Respondent Lisa Ferrell commenced this action in August 1994 against two of her co-workers, appellants Nancy Cross and Marci Henderson. Cross and Henderson moved to dismiss the complaint based on their assertion that the district court lacked jurisdiction and that Ferrells claims were preempted by the Act. The district court agreed with Cross and Henderson and dismissed Ferrells complaint. The district court based its decision on its conclusion that Ferrells claims were preempted because their resolution would require the court to interpret the collective bargaining agreement between the exclusive bargaining representative for Northwests employees, the Transport Workers Union (Union), and Northwest. The court of appeals reversed. The court of appeals, following the United States Supreme Courts decision in Hawaiian Airlines v. Norris, 512 U.S. 246, 129 L. Ed. 2d 203, 114 S. Ct. 2239 (1994), concluded that "the RLA does not preempt claims where there is no need to interpret a CBA" and that interpretation of the collective bargaining agreement was not necessary for resolution of Ferrells state law claims. We affirm the court of appeals.

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