No. 21-1334

Columbia Export Terminal, LLC v. International Longshore and Warehouse Union, et al.

Lower Court: Ninth Circuit
Docketed: 2022-04-07
Status: Dismissed
Type: Paid
Response Waived
Tags: arbitration arbitration-provisions collective-bargaining collective-bargaining-agreement federal-court-jurisdiction federal-jurisdiction labor-management-relations-act labor-union lmra-preemption preemption rico rico-claims
Key Terms:
Arbitration ERISA Takings LaborRelations EmploymentDiscrimina Privacy
Latest Conference: 2022-06-02
Question Presented (from Petition)

1. Does § 301 of the LMRA preempt claims brought in federal court under federal statutes, like the RICO claims in this case?

2. In interpreting the arbitration provisions in a collective bargaining agreement, may a federal court apply a presumption that the claims asserted are arbitrable without first finding the arbitration provisions to be ambiguous?

3. Must, as the panel majority held in this case, statutory claims be arbitrated if a collective bargaining agreement contains arbitration provisions that do not expressly exclude statutory claims from arbitration?

Question Presented (AI Summary)

Does-section-301-of-the-LMRA-preempt-RICO-claims

Docket Entries

2022-05-23
Petition Dismissed - Rule 46.
2022-05-17
DISTRIBUTED for Conference of 6/2/2022.
2022-05-17
Joint stipulation to dismiss the petition for a writ of certiorari pursuant to Rule 46 filed.
2022-05-04
Waiver of right of respondent The International Longshore and Warehouse Union, et al. to respond filed.
2022-04-04
Petition for a writ of certiorari filed. (Response due May 9, 2022)

Attorneys

Columbia Export Terminal, LLC
Jack Steven SholkoffOgletree, Deakins, Nash, Smoak & Stewart, P.C., Petitioner
The International Longshore and Warehouse Union, et al.
Robert H. LavittBarnard Iglitzin & Lavitt, LLP, Respondent