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MAHER v. N.J. TRANS. RAIL OPERATIONS

239 N.J. Super. 213 (1990)

570 A.2d 1289

EDWARD MAHER, PLAINTIFF-APPELLANT, v. NEW JERSEY TRANSIT RAIL OPERATIONS, INC., AND BROTHERHOOD OF RAILROAD SIGNALMEN, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided March 9, 1990.

Attorney(s) appearing for the Case

Sanford R. Oxfeld argued the cause for appellant (Oxfeld, Cohen, Blunda, Friedman, Le Vine & Brooks, attorneys; Sanford R. Oxfeld of counsel and on the brief).

Harriet Heuer Miller, Deputy Attorney General, argued the cause for respondent New Jersey Rail Operations, Inc. (Peter N. Perretti, Jr., Attorney General of New Jersey, attorney; Andrea M. Silkowitz, Assistant Attorney General, of counsel; Harriet Heuer Miller on the brief).

Timothy R. Hott argued the cause for respondent Brotherhood of Railroad Signalmen (Hott & Margolis, attorneys; Timothy R. Hott of counsel and on the brief).

Before Judges J.H. COLEMAN, BRODY and MUIR, Jr.

The opinion of the court was delivered by COLEMAN, J.H., P.J.A.D.

The issue raised in this appeal is whether federal preemption precludes plaintiff, a railway worker, from proceeding in State court with state law claims for alleged handicap and retaliatory discharge discrimination in employment. The trial judge found that all of plaintiff's state law claims involved "minor disputes" and were therefore preempted. Summary judgments were granted dismissing the complaint...

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