INTERNATIONAL LONGSHOREMEN'S ASS'N v. DAVIS

83-710.

470 So.2d 1215 (1985)

INTERNATIONAL LONGSHOREMEN'S ASSOCIATION, etc. v. Larry DAVIS.

Supreme Court of Alabama.

May 10, 1985.


Attorney(s) appearing for the Case

Jack Janecky of Nettles, Barker & Janecky, Mobile, Thomas W. Gleason, Charles R. Goldburg, and Susan G. Barres, New York City, for appellant.

Bayless E. Biles of Wilkins, Bankester & Biles, Bay Minette, for appellee.


JONES, Justice.

The threshold issue is whether federal preemption is a waivable defense. Plaintiff argues that Defendant Union's post-trial allegation of federal preemption was insufficient to preserve the issue for our review. On the other hand, Defendant Union argues that asserting federal preemption in a post-trial JNOV motion is sufficient to preserve the issue for appellate review, because the National Labor Relations Act preempts the state courts of subject...

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