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ABF Freight System, Inc. v. International Brotherhood of Teamsters et al

MEMORANDUM BRIEF in Support of 25 MOTION to Dismiss Case

21 Cited authorities

  1. Mortensen v. First Federal Sav. and Loan Ass'n

    549 F.2d 884 (3d Cir. 1977)   Cited 3,775 times   1 Legal Analyses
    Holding that dismissal under Rule 12(b) would be “unusual” when the facts necessary to succeed on the merits are at least in part the same as must be alleged or proven to withstand jurisdictional attacks

  2. Osborn v. U.S.

    918 F.2d 724 (8th Cir. 1990)   Cited 1,597 times   2 Legal Analyses
    Holding that an injured child's FTCA claim could not have accrued when the child's doctors "had not yet reached a conclusion" as to the cause of the child's injury

  3. Faibisch v. University of Minnesota

    304 F.3d 797 (8th Cir. 2002)   Cited 634 times
    Holding that an EEOC charge is within the public record

  4. Charles D. Bonanno Linen Service, Inc. v. Nat'l Labor Relations Bd.

    454 U.S. 404 (1982)   Cited 114 times
    Holding that courts must not "substitute [their] judgment for those of the Board with respect to the issues that Congress intended the Board should resolve"

  5. Carpenters Local U #1846 v. Pratt-Farnsworth

    690 F.2d 489 (5th Cir. 1982)   Cited 184 times
    Holding that a § 301 claim for breach of contract may be stated under an alter ego theory where the defendant had not signed the CBA

  6. Souter v. International Union, United Automobile, Aerospace & Agricultural Implement Workers, Local 72

    993 F.2d 595 (7th Cir. 1993)   Cited 102 times
    In Souter, the plaintiff, who was African-American, sued his labor union for a breach of duty under section 301 of Labor Management Relations Act. He submitted evidence of racially-derisive graffiti on the walls of the automobile plant where he worked and contended that "a racist atmosphere pervaded the [plant] and contributed to hostile attitudes on the part of the union.

  7. Contempo Design v. N.E. Il. Carpenters

    226 F.3d 535 (7th Cir. 2000)   Cited 48 times
    Holding termination provision of CBA should be strictly construed because “the terms of a collective bargaining agreement are to be enforced strictly when the terms are unambiguous”

  8. Service Employees Intern. v. City Cleaning Co.

    982 F.2d 89 (3d Cir. 1992)   Cited 61 times
    Finding that court was precluded from deciding defendant's argument "that the settlement of the unfair labor practice charges filed with the NLRB renders the grievance committee's report and award unenforceable" because defendant "failed to raise this issue in a timely motion to vacate, modify or correct the grievance committee's award."

  9. Sheet Metal Workers' Inter'l v. Herre Bros

    201 F.3d 231 (3d Cir. 1999)   Cited 40 times   1 Legal Analyses
    Holding that the employer acted inconsistently with its noticed intent to withdraw from group bargaining where employer repeatedly requested information and spoke with negotiators concerning a contract to take effect after the date of withdrawal

  10. Appley Brothers v. U.S.

    164 F.3d 1164 (8th Cir. 1999)   Cited 33 times
    Holding the discretionary function exception did not apply where a federal grain inspector entirely failed to conduct an investigation

  11. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 345,981 times   922 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss