Barbour v. Int'l Union United Auto. Aerospace & Agric. Implement Workers of Am., No. 08-1740

In plaintiffs' action against defendants-labor unions, alleging that the union provided them with false information regarding their eligibility to receive retirement incentive packages in 2007, the judgment of the district court is affirmed in part, vacated and reversed in part and remanded where: 1) district court correctly ruled that the defendants timely filed the notice of removal; and 2) the district court was without subject matter jurisdiction over the retirees' claims because the doctrine of complete preemption does not apply here to create a basis for removal under 28 U.S.C. section 1441 

Read Barbour v. Int'l Union United Auto. Aerospace & Agric. Implement Workers of Am., No. 08-1740

Appellate Information

Argued: September 22, 2009

Decided: February 4, 2010

Judges

Opinion by Circuit Judge Agee

Counsel

For Appellant:  Thomas C. Costello, West & Costello LLC

For Appellee:   Ava Barbour, International Union, UAW