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SMOLAREK v. CHRYSLER CORP.

Nos. 86-2074, 87-1387.

858 F.2d 1165 (1988)

Stanley SMOLAREK, Plaintiff-Appellant, (86-2074) v. CHRYSLER CORPORATION, Defendant-Appellee. Ralph FLEMING, Plaintiff-Appellant, (87-1387) v. CHRYSLER CORPORATION, a Delaware Corporation; Louis Ebaldi and Lyndon Verlyndon, jointly and severally, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided October 3, 1988.

Attorney(s) appearing for the Case

Alan B. Posner (argued), Kelman, Loria, Downing, Schneider & Simpson, Detroit, Mich., for Smolarek.

Monica Farris Linkner, Lopatin, Miller, Freedman, Bluestone, Erlich, Rosen and Bartnick, Detroit, Richard E. Shaw (argued) Detroit, Mich., for Fleming.

William T. McLellan, Chrysler Corp., Steven B. Hantler, Joseph C. Marshall, III, Robert W. Powell, Dickinson, Wright, Moon, Van Dusen & Freeman, Thomas Kienbaum (argued), Detroit, Mich., for defendants-appellees.

Before WELLFORD and NELSON, Circuit Judges; and PECK, Senior Circuit Judge.

PER CURIAM.

These combined cases present close and difficult questions regarding whether § 301 of the Labor Management Relations Act, 29 U.S.C. § 185, preempts plaintiffs' actions claiming violations of Michigan's Handicappers' Civil Rights Act, M.C.L. § 37.1101 et seq. (HCRA), and retaliatory discharge in violation of public policy relating to the filing of workers' compensation claims. In each case the district court found plaintiff's state...

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