DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
162012P.pdf 06/29/2017 Bryce Markham v. Tony Wertin
U.S. Court of Appeals Case No: 16-2012
U.S. District Court for the Western District of Missouri - St. Joseph
[PUBLISHED] [Wollman, Author, with Riley and Kelly, Circuit Judges]
Civil case - Labor law. In action alleging the defendant union
discriminated and retaliated against plaintiff based on his disability
during his apprenticeship and training program and that defendant Wertin
aided and abetted this discrimination and retaliation,the district court
erred in finding the claims were completely preempted by Section 301(a) of
the Labor Management Relations Act or Section 9(a) of the National Labor
Relations Act; as a result, the district court lacked removal jurisdiction
over this case; the district court's order of dismissal is vacated, and
the matter is remanded to the Missouri state court from which it was
removed.