Lopez
Lopez v. Fox Television Animation, Inc.
Opinion
Lead Opinion
MEMORANDUM **
Miguel A. Lopez appeals from the district court’s grant of Fox Television Animation, Inc.’s (Fox’s) motion to compel arbitration and the district court’s judgment that his claims for wrongful termination and defamation (in his complaint, his fourth and sixth claims, respectively) were preempted under § 301 of the Labor Management Relations Act (LMRA). We vacate the district court’s judgment regarding preemption under § 301 and remand.
Discussion
I. Jurisdiction and Standard of Review
Under the well-pleaded complaint rule, it is settled that “a case may not be removed to federal court on the basis of a federal defense, including a defense of pre *771 emption, even if the defense is anticipated in the plaintiffs complaint, and even if both parties admit that the federal defense is the only question truly at issue.” Franchise Tax Bd. of Cal. v. Construction Laborers Vacation Trust for So. Cal., 463 U.S. 1, 14 , 103 S.Ct. 2841 , 77 L.Ed.2d 420 (1983). But there is a corollary to the well-pleaded complaint rule under the “complete preemption” doctrine, “applied primarily under § 301 of the LMRA.” Balcorta v. Twentieth Century Fox Film Corp., 208 F.3d 1102, 1107 (9th…