NLRA section 301 completely preempts state law claims that implicate a collective-bargaining agreement, except for claims that (1) arise independently of a CBA, and (2) don’t substantially depend on analysis of a CBA. This decision holds that retired professional football players’ suit against the NFL for misprescribing painkillers and other drugs for them was not preempted by the NLRA. The duties not to negligently prescribe drugs and not to misrepresent or conceal the risks posed by the drugs arose independently of the CBA and the players’ claims for negligence and fraud did not require any interpretation of the CBA.
Ninth Circuit Court of Appeals (Tallman, J.); September 6, 2018; 2018 U.S. App. LEXIS 25302