Paul

MEMORANDUM *

Lino Paul appeals the district court’s order dismissing counts five (state common law claim), six through eleven and fourteen (RICO claims), and sixteen (section 1981 claim) of his amended complaint. We reverse the district court’s dismissal of these claims and remand for further proceedings.

Paul’s state common law claim is not preempted. Count five of the amended complaint arises from the alleged breach of fiduciary duties under the Labor-Management Reporting and Disclosure Act (LMRDA), which contains an express non-preemption clause. See 29 U.S.C. § 523 (a).

With respect to Paul’s RICO claims, the district court failed to consider the predicate acts that are alleged to be subject to Title 29 U.S.C. section 186 . The amended complaint alleges that the appellees engaged in a pattern of predicate RICO offenses under that section, and that Paul suffered injury as a result.

*960 With respect to Paul’s section 1981 claim, the district judge adopted the magistrate judge’s report and recommendation and found that Paul had individually “bargain[ed] away” his right to sue in federal court to enforce his civil rights. This was incorrect; the arbitration clause was part of…