Gerhardson v. Gopher News Co., 698 F.3d 1052 (8th Cir. 2012)
N/AOUTCOME: Affirmed summary judgement for the union
Applying Garmon preemption broadly and dismissing the employer’s State-law fraud claims.
Brendan Daniel Cummins's Legal Cases (8)
Minneapolis, MN
Employment and labor Lawyer at Minneapolis, MN
Practice Areas: Employment & Labor, Arbitration, Appeals
Sandoval v. Am. Bldg. Maint. Indus., Inc., 578 F.3d 787, rhrg. and rhrg. en banc denied 578 F.3d 787 (8th Cir. 2009)
N/AOUTCOME: Reversed summary judgment for the employer.
Ruled that other-acts evidence of which plaintiffs are unaware is "highly relevant" in harassment cases and, moreover, adopted a broad definintion of employer for liability purposes.
Fiend, Inc. v. International Alliance of Theatrical Stage Employees, 827 F.Supp.2d 1030 (D. Minn. 2011)
N/AOUTCOME: Denied the employer's motion.
Ruled that a request for an injunction to stay arbitration is a "labor dispute" for purposes of the stringent Norris-LaGuardia Act.
Trustees v. Superior Waterproofing, Inc., 450 F.3d 324. rhrg. and rhrg. en banc denied 450 F.3d 324 (8th Cir. 2006)
N/AOUTCOME: Dismissed the claims against the union.
Expanded the scope of Section 301 premption concerning State-law claims.
Rivera v. NIBCO, Inc., 364 F.3d 1057 (9th Cir. 2004), cert. denied 544 U.S. 905 (2004) (appearing as amicus)
N/AOUTCOME: Rejected the employer's motion to complel.
Prohibited discovery into the immigration status of plaintiffs pursuing national origin discrimination claims.
SternJohn v. Kreisler, 238 F.Supp.2d 1104 (D. Minn. 2005)
N/AOUTCOME: Denied summary judgment for the housing provider.
Applied the statute of limitations in discrimination cases liberally.
Midwest Pipe Insulation, Inc. v. MD Mech., Inc., 771 N.W.2d 28 (Minn. 2009)
N/AOUTCOME: Reversed the Court of Appeals as claim was preempted by federal labor law.
Holding that the National Labor Relations Act preempts state law challenges to a union’s market recovery program.
Smith v. Local Union No. 110, Intern. Broth., 681 F.Supp.2d 995 (D. Minn. 2010)
N/AOUTCOME: Granted Union's Motion to Dismiss
Permitting removal of a State case to Federal Court.
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