Rachford

Rachford v. Air Line Pilots Ass'n International

Good Law
284 F. App'x 473
United States Court of Appeals for the Ninth CircuitJuly 2, 2008No. 06-16938California1,443 words

Opinion

Lead Opinion

MEMORANDUM **

Plaintiffs Thomas Rachford, Wendy Al-bright, Neil Gallagher, and Mark Luthi (“the Emery pilots”), appeal the dismissal of their claims against defendants Emery Worldwide Airlines (“EWA”), Emery Air Freight Corp. d/b/a Emery Air Freight Forwarding, Inc. a/k/a Menlo Worldwide Forwarding, Inc. (“EWW”), and CNF, Inc. (“CNF”) alleging that the defendants intentionally and/or negligently disrupted certain contracts entered between the Emery pilots’ union and the defendants. We have jurisdiction pursuant to 28 U.S.C. § 1332 (a). We assume the parties’ familiarity with the underlying facts and procedural history of this case.

We review a district court’s “dismissal for failure to state a claim pursuant to Federal Rule of Civil Procedure 12(b)(6) ... de novo.” Hicks v. Small, 69 F.3d 967, 969 (9th Cir.1995). If, after taking all factual allegations in the complaint as true and construing them in the light most favorable to the plaintiff, “it appears beyond doubt that [he] can prove no set of facts in support of his claim which would entitle him to relief[,]” the complaint should be dismissed. Id. (internal quotation marks and citation omitted).

Plaintiffs claim that the…

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