Cesar Moreno v. Utiliquest, LLC

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

CESAR ANTONIO MORENO, an No. 21-55313 individual, Plaintiff-Appellant, D.C. No. 2:20-cv-03156- v. AB-MRW

UTILIQUEST, LLC, a Georgia Limited Liability Company, OPINION Defendant-Appellee.

Appeal from the United States District Court for the Central District of California Andre Birotte, Jr., District Judge, Presiding

Argued and Submitted January 12, 2022 Pasadena, California

Filed March 18, 2022

Before: A. WALLACE TASHIMA and MILAN D. SMITH, JR., Circuit Judges, and STEPHEN J. MURPHY, III, * District Judge.

Opinion by Judge Milan D. Smith, Jr.

* The Honorable Stephen Joseph Murphy, III, United States District Judge for the Eastern District of Michigan, sitting by designation. SUMMARY **

Labor Law

The panel affirmed the district court’s dismissal, as preempted by the National Labor Relations Act (“NLRA”), of Cesar Moreno’s wrongful termination lawsuit against his former employer, UtiliQuest, LLC.

Although the NLRA does not contain express preemption provisions, the Supreme…