RETAIL CASES
U.S. 9th Circuit, May 16, 2008
Adkins v. Mireles, No. 06-56005
In an appeal arising out of a union-negotiated collective bargaining agreement governing employees of Lucky Stores' warehouse, partial summary judgment and jury trial in favor of defendants-union and officers is affirmed where: 1) the district court did not err in holding that federal law preempted breach of contract, breach of covenant of good faith and fair dealing, misrepresentation, and intentional infliction of emotional distress claims because each implicated the duty of fair representation; 2) it did not err in finding that the Labor Management Relations Act (LMRA) section 301, preempted plaintiffs' fraud and deceit claim, because the claim cannot be maintained without the court interpreting the provisions of the CBA; 3) RICO claims were preempted under case precedent because plaintiffs alleged an unfair labor practice which is prohibited under the NLRA; and 4) plaintiffs failed to perfect their challenge to an evidentiary decision to exclude evidence regarding a teamster jacket-burning incident.
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ADDITIONAL CASES INVOLVING RETAIL COMPANIES
U.S. 10th Circuit, May 20, 2008
Regan-Touhy v. Walgreen Co., No. 06-6242
In an action raising claims of unlawful disclosure of plaintiff's confidential medical information and emotional distress, summary judgment for defendant-Walgreen is affirmed where: 1) the court did not abuse its discretion in denying plaintiff's discovery motions and motions to compel since they were overly broad and defendant had adequately responded to most of plaintiff's requests; and 2) there was insufficient circumstantial evidence to show that an employee of defendant accessed plaintiff's medical records and disclosed her confidential health information.
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