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GALVEZ v. KUHN

No. 89-16562.

933 F.2d 773 (1991)

Cesar GALVEZ, Plaintiff-Appellant, v. Carl KUHN, Anchor Glass, Inc., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided May 21, 1991.

Attorney(s) appearing for the Case

Georgia Ann Michell, Ganong & Michell, Walnut Creek, Cal., and Alan R. Bergman, Appellate Law Offices of Alan R. Bergman, Walnut Creek, Cal., for plaintiff-appellant.

Rebecca A. Hull and James S. Brown, Sedgwick, Detert, Moran & Arnold, San Francisco, Cal., for defendants-appellees.

Before D.W. NELSON, KOZINSKI and NELSON, Circuit Judges.

D.W. NELSON, Circuit Judge:

With this case, we revisit the field of labor law by asking a familiar question: Are an employee's claims, in this instance alleging assault and battery and intentional infliction of emotional distress, preempted by Section 301 of the Labor Management Relations Act (LMRA)? Familiarity, however, has not bred facility. There is no sure route through the thicket and, as we face this problem anew, we once again must hack our way through the...

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