Cindy Whitman v. Raley's Inc., Floyd L. Krentz v. Connecticut General Life Insurance Company
Opinion
Opinion
Hug, J.
We have chosen to resolve these two cases as companions because they present the same legal issue: Does 28 U.S.C. § 1447 (d) bar review of remand orders that are based on a finding that federal law does not completely preempt plaintiff’s state claims? We hold that it does.
I.
WHITMAN APPEAL
On March 21, 1986, Cindy Whitman filed a complaint against Raley’s, her former employer, alleging causes of action for: (1) wrongful termination; (2) defamation; (3) conspiracy; (4) intentional infliction of emotional distress; (5) negligent infliction of emotional distress; and (6) reckless, malicious, oppressive and outrageous conduct. On April 25,1986, Raley’s filed a petition to remove the action to federal court on the ground that because the terms and conditions of Whitman’s employment were governed by a collective bargaining agreement, federal subject matter jurisdiction existed over the complaint under section 301 of the Labor Management Relations Act (LMRA), 29 U.S.C. § 185 .
On September 23, 1986, defendant filed a motion for summary judgment alleging that, once Whitman’s complaint is properly recharacterized, all relief is barred by section 301’s six month statute of limitations.…