Mayjor

Mayjor v. Harrah's Las Vegas, Inc.

Good Law
136 F. App'x 15
United States Court of Appeals for the Ninth CircuitApril 13, 2005No. 04-15600California524 words

Opinion

Lead Opinion

MEMORANDUM **

William G. Mayjor appeals pro se the district court’s judgment dismissing his action alleging defendant wrongfully terminated him and blacklisted him from prospective employment in Las Vegas casinos. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo the determination that Mayjor’s state law claim is preempted by section 301 of the Labor Management Relations Act (“LMRA”), 29 U.S.C. § 185 , Harris v. Alumax Mill Prods., Inc., 897 F.2d 400, 402 (9th Cir. 1990), the determination that the applicable statute of limitations bars this claim, id. at 403 , and the grant of summary judgment, Stallcop v. Kaiser Found. Hosps., 820 F.2d 1044, 1050 (9th Cir.1987). We review for abuse of discretion the denial of leave to amend. Bonin v. Calderon, 59 F.3d 815, 845 (9th Cir.1995). We affirm.

Because Mayjor’s employment was governed by the terms of the collective bargaining agreement (“CBA”) between Harrah’s and the Culinary Workers’ Union (“Union”), the district court properly determined that his wrongful termination *17 and breach of contract claim was preempted by section 301 of the LMRA. See Stallcop, 820 F.2d at 1048 (“The preemptive force of section 301 is so…

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