WELLS v. BOTTLING GROUP, LLC

Civil Action No. 10-99-ART.

833 F.Supp.2d 665 (2011)

John WELLS, Plaintiff, v. BOTTLING GROUP, LLC, et al., Defendants.

United States District Court, E.D. Kentucky, Southern Division, Pikeville.

June 8, 2011.


Attorney(s) appearing for the Case

Daniel F. Dotson , Whitesburg, KY, for Plaintiff.

Christopher L. Slaughter , Patricia Proctor , Stacey Lynne Richards-Minigh , Steptoe & Johnson, Huntington, WV, for Defendants.


MEMORANDUM OPINION & ORDER

AMUL R. THAPAR, District Judge.

Plaintiffs do not get to pick their facts. Here, the facts show that the plaintiff John Wells's employment was subject to a collective bargaining agreement. And so his claim for wrongful termination is preempted and must be dismissed as time-barred because it runs afoul of the applicable statute of limitations. His negligence claim against the company, however, stands apart from the collective...

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