201932P.pdf   06/28/2021  Scott T. Richardson  v.  BNSF Railway Company
   U.S. Court of Appeals Case No:  20-1932
   U.S. District Court for the District of Nebraska - Lincoln   
   [PUBLISHED] [Gruender, Author, with Colloton and Grasz, Circuit Judges] 
   Civil case - Railroad Labor Act. The Act divested the district court of 
   subject-matter jurisdiction over plaintiff's constructive-discharge claim 
   and the claim was properly dismissed; the court erred in dismissing 
   plaintiff's claim of intentional infliction of emotional distress under 
   Rule 12(b)(1) as that claim can be resolved without interpreting the 
   collective bargaining agreement, and the court did have subject-matter 
   jurisdiction over the claim; however, dismissal of the claim was 
   appropriate under Rule 12(b)(6) as the complaint failed to state a claim 
   of intentional infliction of emotional distress under Nebraska law no 
   matter what the collective bargaining agreement says.