Ward v. Circus Circus Casinos, Inc.

473 F.3d 994 Kathy J. WARD, individually; Dora Starnes, individually; Bertha Garcia, individually; Manuela Pena, individually; Nancy Espinosa, individually; Maria Paniaqua, individually, Plaintiffs-Appellants, v. CIRCUS CIRCUS CASINOS, INC., a Nevada Corporation, Defendant-Appellee. No. 04-17098. United States Court of Appeals, Ninth Circuit. Argued October 16, 2006. Submitted January 4, 2007. Filed January 10, 2007. COPYRIGHT MATERIAL OMITTED Romeo R. Perez, Las Vegas, NV, for the plaintiffs-appellants. Lionel Sawyer & Collins, Las Vegas, NV, for the defendant-appellee. Appeal from the United States District Court for the District of Nevada; Philip M. Pro, District Judge, Presiding. D.C. No. CV-03-01184-PRO. Before ROBERT R. BEEZER, DIARMUID F. O'SCANNLAIN, and STEPHEN S. TROTT, Circuit Judges. BEEZER, Circuit Judge. 1 We consider whether federal labor law preempts union members' state law tort claims. Six employees (the "Workers") claim their employer, Circus Circus Casinos, Inc. ("Circus"), committed torts against them. The district court granted summary judgment in favor of Circus, holding that the Workers' claims were preempted by Section 301 of the Labor Management…