James Baylis, Cross-Appellees v. Marriott Corp., Cross-Appellant, 906 F.2d 874 (2d Cir. 1990). · Go Syfert
James Baylis, Cross-Appellees v. Marriott Corp., Cross-Appellant, 906 F.2d 874 (2d Cir. 1990). Cases Citing This Book View Copy Cite
53 citation events (18 in the last 25 years) across 16 distinct courts.
Treatment trajectory · 1990 → 2026 · click a year to view as-of
1990 2008 2026
Top citers, strongest first. 39 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) RBG Management Corp. v. Village Super Market, Inc.
S.D.N.Y. · 2023 · quote attribution · 1 verbatim quote · confidence high
under traditional principles of new york law, a party may not recover for tortious inducement of breach of a contract without proving that the underlying contract has been breached.
examined Cited as authority (verbatim quote) Southwest Airlines Pilots Association (SWAPA) on Behalf of Itself and Its Members v. the Boeing Company (2×) also: Cited "see, e.g."
Tex. App. · 2022 · quote attribution · 1 verbatim quote · confidence high
since plaintiffs cannot establish that marriott tortiously induced pan am to breach without establishing the meaning of the collective bargaining agreement and its breach by pan am, their claims of tortious inducement of breach are preempted by the rla.
discussed Cited as authority (quoted) Popat v. Levy
W.D.N.Y. · 2018 · signal: see · quote attribution · 1 verbatim quote · confidence high
under traditional principles of new york law, a party may not recover for tortious inducement of breach of a contract without proving that the underlying contract has been breached.
discussed Cited as authority (rule) The Boeing Company v. Southwest Airlines Pilots Association (Swapa) on Behalf of Itself and Its Members
Tex. · 2025 · confidence medium
Lueck, 471 U.S. at 220 . tortious-interference claims against third party because resolution required interpretation of CBA); Baylis v. Marriott Corp., 906 F.2d 874, 877 (2d Cir. 1990) (holding Railway Labor Act preempted airline employees’ claims against third party for tortious inducement of breach of their CBA because resolution required interpretation of CBA).
cited Cited as authority (rule) Symphony Investment Partners, Inc. v. Keeco, LLC
S.D.N.Y. · 2022 · confidence medium
Baylis v. Marriott Corp., 906 F.2d 874, 877 (2d Cir. 1990).
cited Cited as authority (rule) Jones-Cruz v. Rivera
S.D.N.Y. · 2021 · confidence medium
Methodist Hosp., 786 F. Supp. 2d 566, 583 (E.D.N.Y. 2011) (citing Baylis v. Marriott Corp., 906 F.2d 874, 877 (2d Cir.1990))).
discussed Cited as authority (rule) Cho v. BlackBerry Ltd.
2d Cir. · 2021 · confidence medium
As we have explained before, it “provide[s] notice to the court and to the opposing parties of the identity of the appellant or appellants, permitting the court and the opposition to know, for example, which parties are bound by the district court’s judgment or which parties may be held 14 liable for costs or sanctions on the appeal.” Baylis v. Marriott Corp., 906 F.2d 874, 877 (2d Cir. 1990); accord Torres, 487 U.S. at 318 (“The purpose of the specificity requirement of Rule 3(c) is to provide notice both to the opposition and to the court of the identity of the appellant or appellant…
discussed Cited as authority (rule) Wandering Dago Inc. v. New York State Office of General Services
N.D.N.Y. · 2014 · confidence medium
The Second Circuit has concurred in this view, holding that “[u]nder traditional principles of New York law, a party may not recover for tortious inducement of a breach of contract without proving that the contract has been breached.” Baylis v. Marriott Corp., 906 F.2d 874, 877 (2d Cir.1990) (citing Inselman).
discussed Cited as authority (rule) Gusler v. City of Long Beach (2×) also: Cited "see"
2d Cir. · 2012 · confidence medium
Baylis v. Marriott Corp., 906 F.2d 874, 877 (2d Cir.1990) (citing Torres v. Oakland Scavenger Co., 487 U.S. 312, 314 , 108 S.Ct. 2405 , 101 L.Ed.2d 285 (1988)); accord State Trading Corp. v. Assuranceforeningen Skuld, 921 F.2d 409, 412 (2d Cir.1990).
discussed Cited as authority (rule) Reagor v. Okmulgee County Family Resource Center, Inc.
10th Cir. · 2012 · confidence medium
College of Ohio, 418 F.3d 629, 643 (6th Cir.2005) (“Where the district court accepts the plaintiffs allegations as true, but concludes that those allegations are insufficient as a matter of law, it is not an abuse of discretion to limit discovery sua sponte. ”); Baylis v. Marriott Corp., 906 F.2d 874, 878 (2d Cir.1990) (deciding district court did not abuse its discretion when it dismissed complaint without sua sponte ordering discovery); see also Iqbal, 129 S.Ct. at 1954 (deciding that because complaint was deficient under Rule 8, plaintiff was not entitled to discovery).
discussed Cited as authority (rule) Russell L. Anderson Jr. v. Aset Corporation, Docket No. 04-4863-Cv
2d Cir. · 2005 · signal: cf. · confidence medium
Group., Inc., 87 N.Y.2d 614, 620-21 , 641 N.Y.S.2d 581 , 664 N.E.2d 492 (1996), and, even if he amended his complaint to conform to New York law, it would be futile because preemption would defeat his state-law claim, see Lingle v. Norge Div. *172 of Magic Chef, Inc., 486 U.S. 399, 405-06 , 108 S.Ct. 1877 , 100 L.Ed.2d 410 (1988) (“[I]f the resolution of a state-law claim depends upon the meaning of a collective-bargaining agreement, the application of state law ... is pre-empted .... ”); cf. Baylis v. Marriott Corp., 906 F.2d 874, 877-78 (2d Cir.1990).
discussed Cited as authority (rule) United Mine Workers v. Rag American Coal Co.
10th Cir. · 2004 · confidence medium
Motors Corp., 32 F.3d 212 , 218 (6th Cir.1994); Int’l Union, United Mine Workers of America v. Covenant Coal Corp., 977 F.2d 895, 899-900 (4th Cir.1992); Milne Employees Ass’n v. Sun Carriers, Inc., 960 F.2d 1401, 1411-12 (9th Cir.1992); Magerer v. John Sexton & Co., 912 F.2d 525, 530-31 (1st Cir.1990); Baylis v. Marriott Corp., 906 F.2d 874, 877-78 (2d Cir.1990); Johnson v. Anheuser Busch, Inc., 876 F.2d 620, 624 (8th Cir.1989).
discussed Cited as authority (rule) Kimbro, Lonnie v. Pepsico Incorporated
7th Cir. · 2000 · confidence medium
It is true that a number of decisions bar on section 301 grounds tortious interference suits against third parties, DeCoe v. General Motors Corp., 32 F.3d 212 (6th Cir. 1994); Int’l Union, United Mine Workers of America v. Covenant Coal Corp., supra, 977 F.2d at 899-900 ; Milne Employees Ass’n v. Sun Carriers, Inc., 960 F.2d 1401, 1411-12 (9th Cir. 1991); Johnson v. Anheuser Busch, Inc., 876 F.2d 620, 624 (8th Cir. 1989), see also Baylis v. Marriott Corp., 906 F.2d 874, 877 (2d Cir. 1990) (Railway Labor Act), but they are cases in which the suit, even though against a third party, might ha…
discussed Cited as authority (rule) Lonnie Kimbro v. Pepsico, Inc.
7th Cir. · 2000 · confidence medium
It is true that a number of decisions bar on section 301 grounds tortious interference suits against third parties, DeCoe v. General Motors Corp., 32 F.3d 212 (6th Cir.1994); Int’l Union, United Mine Workers of America v. Covenant Coal Corp., supra, 977 F.2d at 899-900 ; Milne Employees Ass’n v. Sun Carriers, Inc., 960 F.2d 1401 , 1411-12 (9th Cir.1991); Johnson v. Anheuser Busch, Inc., 876 F.2d 620, 624 (8th Cir.1989), see also Baylis v. Marriott Corp., 906 F.2d 874, 877 (2d Cir.1990) (Railway Labor Act), but they are cases in which the suit, even though against a third party, might have …
discussed Cited as authority (rule) A. Terzi Productions, Inc. v. Theatrical Protective Union
S.D.N.Y. · 1998 · confidence medium
See NBT Bancorp *494 Inc. v. Fleet/Norstar Financial Group, Inc., 87 N.Y.2d 614, 620-624 , 641 N.Y.S.2d 581, 584-586 , 664 N.E.2d 492, 495-497 (1996) (absent an allegation of breach, a plaintiff cannot sustain a claim for interference with contractual relations, no matter how unlawful the defendant’s conduct may have been); Baylis v. Marriott Corp., 906 F.2d 874, 877 (2d Cir.1990) (“Under traditional principles of New York law, a party may not recover for tortious inducement of a breach of contract without proving that the contract has been breached.”); Fonar Corp. v. Magnetic Resonance …
discussed Cited as authority (rule) Gray v. Grove Manufacturing Co. (2×) also: Cited "see"
E.D.N.Y · 1997 · confidence medium
Although the Second Circuit has not had occasion to consider § 301 pre-emption of a tortious interference claim, the Second Circuit has held that the Railway Labor Act (“RLA”) pre-empts a tortious interference claim because proof of breach of the underlying contract, specifically a provision allegedly providing for employment for life, is necessary in order to recover in tort. 3 Baylis v. Marriott Corp., 906 F.2d 874, 877 (2d Cir.1990).
discussed Cited as authority (rule) Gray v. GROVE MFG. CO., DIV. OF KIDDE, INC. (2×) also: Cited "see"
E.D.N.Y · 1997 · confidence medium
Although the Second Circuit has not had occasion to consider § 301 pre-emption of a tortious interference claim, the Second Circuit has held that the Railway Labor Act ("RLA") pre-empts a tortious interference claim because proof of breach of the underlying contract, specifically a provision allegedly providing for employment for life, is necessary in order to recover in tort. [3] Baylis v. Marriott Corp., 906 F.2d 874, 877 (2d Cir. 1990).
discussed Cited as authority (rule) Fonar Corp. v. Magnetic Resonance Plus, Inc.
S.D.N.Y. · 1997 · confidence medium
The Second Circuit has concurred in this view, holding that “[ujnder traditional principles of New York law, a party may not recover for tortious inducement of a breach of contract without proving that the contract has been breached.” Baylis v. Marriott Corp., 906 F.2d 874, 877 (2d Cir.1990) (citing Inselman).
discussed Cited as authority (rule) Cornwell v. Robinson
2d Cir. · 1994 · confidence medium
Though a generic statement such as "defendants appeal" may suffice to give notice that each defendant appeals, see Association of American Medical Colleges v. Cuomo, 913 F.2d 55, 55-56 (2d Cir.1990) (per curiam), cert. denied, --- U.S. ----, 112 S.Ct. 184 , 116 L.Ed.2d 146 (1991); Baylis v. Marriott Corp., 906 F.2d 874, 876-77 (2d Cir.1990) (notice on behalf of "all of the plaintiffs in this action" suffices to cover all plaintiffs), the notice in the present case did not refer to a group or class of parties but rather, as quoted in Part I.F. above, listed DFY and six individuals by name.
discussed Cited as authority (rule) Cornwell v. Robinson
2d Cir. · 1994 · confidence medium
Though a generic statement such as “defendants appeal” may suffice to give notice that each defendant appeals, see Association of American Medical Colleges v. Cuomo, 913 F.2d 55, 55-56 (2d Cir.1990) (per curiam), cert. denied, — U.S.-, 112 S.Ct. 184 , 116 L.Ed.2d 146 (1991); Baylis v. Marriott Corp., 906 F.2d 874, 876-77 (2d Cir.1990) (notice on behalf of “all of the plaintiffs in this action” suffices to cover all plaintiffs), the notice in the present case did not refer to a group or class of parties but rather, as quoted in Part I.F. above, listed DFY and six individuals by name.
cited Cited as authority (rule) Rachel v. Santos v. Marvin T. Runyon
9th Cir. · 1993 · confidence medium
The technical defect is immaterial because the body of the notice contains a "precise indication as to which part[y] sought to appeal." Baylis v. Marriott Corp., 906 F.2d 874, 877 (2nd Cir.1990).
discussed Cited as authority (rule) James G. Mallas Robert v. Jones, Jr., and John W. Flint Perry Brunk Peoples Supply Company, Incorporated Omega Energy, Incorporated Revel, Incorporated Trinity Properties, Incorporated Genesis Leases, Incorporated Star Cross Properties, Incorporated v. United States of America, and Alvin H. Kolak Joanne D. Miller William H. Ball Paul G. Topolka Jack D. Yarbrough Fred T. Goldberg, Jr. Alan I. Weinberg Larry L. Davis Robert Forrest Internal Revenue Service, James G. Mallas Robert v. Jones, Jr., and John W. Flint Perry Brunk Peoples Supply Company, Incorporated Omega Energy, Incorporated Revel, Incorporated Trinity Properties, Incorporated Genesis Leases, Incorporated Star Cross Properties, Incorporated v. United States of America, and Alvin H. Kolak Joanne D. Miller William H. Ball Paul G. Topolka Jack D. Yarbrough Fred T. Goldberg, Jr. Alan I. Weinberg Larry L. Davis Robert Forrest Internal Revenue Service
4th Cir. · 1993 · confidence medium
See Adkins v. United Mine Workers of Am., 941 F.2d 392, 396-98 (6th Cir.1991), cert. denied, --- U.S. ----, 112 S.Ct. 1180 , 117 L.Ed.2d 424 (1992); Baylis v. Marriott Corp., 906 F.2d 874, 876-77 (2d Cir.1990); see also Milanovich v. Costa Crociere, S.p.A., 938 F.2d 297, 298 (D.C.Cir.1991) (per curiam ) (use of "et ux." and plural "Plaintiffs" held sufficient where only plaintiffs below were named plaintiff and his wife); Pope v. Mississippi Real Estate Comm'n, 872 F.2d 127, 129 (5th Cir.1989) (per curiam ) (use of "et al." and plural "Plaintiffs" held sufficient in "limited context" of only t…
discussed Cited as authority (rule) Mallas v. United States
4th Cir. · 1993 · confidence medium
See Adkins v. United Mine Workers of Am., 941 F.2d 392, 396-98 (6th Cir.1991), cert. denied, - U.S. -, 112 S.Ct. 1180 , 117 L.Ed.2d 424 (1992); Baylis v. Marriott Corp., 906 F.2d 874, 876-77 (2d Cir.1990); see also Milanovich v. Costa Crociere, S.p.A., 938 F.2d 297, 298 (D.C.Cir.1991) (per curiam ) (use of "et ux.” and plural "Plaintiffs" held sufficient where only plaintiffs below were named plaintiff and his wife); Pope v. Mississippi Real Estate Comm'n, 872 F.2d 127, 129 (5th Cir.1989) (per curiam) (use of "et al.” and plural "Plaintiffs" held sufficient in "limited context” of only t…
discussed Cited as authority (rule) Fed. Sec. L. Rep. P 97,344
3rd Cir. · 1993 · confidence medium
See Adkins v. United Mine Workers of Am., 941 F.2d 392, 397-98 (6th Cir.1991) (although caption contained the term "et al.," court refused to dismiss appeal on jurisdictional grounds where body of the notice of appeal referred to "all of the Plaintiffs"), cert. denied, --- U.S. ----, 112 S.Ct. 1180 , 117 L.Ed.2d 424 (1992); Baylis v. Marriott Corp., 906 F.2d 874, 877 (2d Cir.1990) (same) 4 Plaintiffs challenge the district court's exclusion from evidence of certain documents obtained from Holiday's files.
discussed Cited as authority (rule) Walter v. Holiday Inns, Inc.
3rd Cir. · 1993 · confidence medium
See Adkins v. United Mine Workers of Am., 941 F.2d 392, 397-98 (6th Cir.1991) (although caption contained the term "et al.,” court refused to dismiss appeal on jurisdictional grounds where body of the notice of appeal referred to "all of the Plaintiffs"), cert. denied, — U.S. -, 112 S.Ct. 1180 , 117 L.Ed.2d 424 (1992); Baylis v. Marriott Corp., 906 F.2d 874, 877 (2d Cir.1990) (same). .Plaintiffs challenge the district court’s exclusion from evidence of certain documents obtained from Holiday’s files.
discussed Cited as authority (rule) Colle v. Brazos County, Tex.
5th Cir. · 1993 · confidence medium
However, where the lower court, rather than the appellant, files the docketing statement, the defect is not cured); Persyn v. U.S., 935 F.2d 69, 71 (5th Cir.1991) 13 Benally v. Hodel, 940 F.2d 1194, 1197 (9th Cir.1990) (listing several Ninth Circuit cases recognizing adequate notice through the use of a generic term); National Center for Immigrants' Rights v. Immigration & Naturalization Serv., 892 F.2d 814, 816 (9th Cir.1989); cf. Adkins v. United Mine Workers, 941 F.2d 392, 397-98 (6th Cir.1991) (holding that "all of the Plaintiffs" was sufficient notice for the unnamed plaintiffs); Baylis v…
discussed Cited as authority (rule) Colle v. Brazos County, Tex.
5th Cir. · 1993 · confidence medium
Benally v. Hodel, 940 F.2d 1194, 1197 (9th Cir.1990) (listing several Ninth Circuit cases recognizing adequate notice through the use of a generic term); National Center for Immigrants' Rights v. Immigration & Naturalization Serv., 892 F.2d 814, 816 (9th Cir.1989); cf. Adkins v. United Mine Workers, 941 F.2d 392, 397-98 (6th Cir.1991) (holding that “all of the Plaintiffs” was sufficient notice for the unnamed plaintiffs); Baylis v. Marriott, 906 F.2d 874, 876-77 (2d Cir.1990) (concluding that “all the plaintiffs” was the functional equivalent of naming each of nearly 200 appellants); F…
discussed Cited "see" Semper v. New York Methodist Hospital
E.D.N.Y · 2011 · signal: see · confidence high
See Baylis v. Marriott Corp., 906 F.2d 874, 877 (2d Cir.1990) (“Under traditional principles of New York law, a party may not recover for tortious inducement of breach of a contract without proving that the underlying contract has been breached.”) Resolution of Plaintiffs tortious interference with contract claim is substantially dependent — if not utterly reliant — on the interpretation of the CBA, and is therefore preempted by Section 301 of the LMRA.
discussed Cited "see" Mohammed v. American West Holding Corp.
D. Minnesota · 2005 · signal: see · confidence high
See, Baylis v. Marriott Corp., 906 F.2d 874, 877 (2d Cir.1990) (preempting former- employee’s claim against catering service that replaced her job); Int'l Union, United Mine Workers of America v. Covenant Coal Corp., 977 F.2d 895, 899 (4th Cir.1992) (preempting a union's tortious interference claim against non-signatories to the collective bargaining agreement); Kaufman, Etc. v. Allied Pilots Assoc., 274 F.3d 197, 202 (5th Cir.2001) (stating that preemption extends to state actions between downstream injured parties and parties to the collective bargaining agreement); Beard v. Carrollton R.R…
discussed Cited "see" Goldberg v. Kidder Peabody & Co.
S.D.N.Y. · 1997 · signal: see · confidence high
See Baylis v. Marriott Corp., 906 F.2d 874, 878 (2d Cir.1990) (rejecting plaintiffs contention that district court should have permitted more discovery where action had been pending since 1985); Aniero Concrete Co. v. N.Y.
cited Cited "see" Clarke v. Carlucci
S.D.N.Y. · 1993 · signal: see · confidence high
See Baylis v. Marriott Corp., 906 F.2d 874 (2d Cir.1990).
cited Cited "see" Ghartey v. Saint John's Queens Hospital
E.D.N.Y · 1990 · signal: see · confidence high
See Baylis v. Marriott Corp., 906 F.2d 874, 877 (2d Cir.1990) (Baylis II).
discussed Cited "see" Association Of American Medical Colleges v. Mario Cuomo
2d Cir. · 1990 · signal: see · confidence high
See Baylis v. Marriott Corp., 906 F.2d 874 (2d Cir.1990) (holding that "the specification that the appeal was taken by 'all of the plaintiffs in this action' was the functional equivalent of a plaintiff-by-plaintiff listing").
discussed Cited "see" Association of American Medical Colleges v. Cuomo
2d Cir. · 1990 · signal: see · confidence high
See Bay lis v. Marriott Corp., 906 F.2d 874 (2d Cir.1990) (holding that “the specification that the appeal was taken by ‘all of the plaintiffs in this action’ was the functional equivalent of a plaintiff-by-plaintiff listing”).
discussed Cited "see" Weldon v. United States
N.D.N.Y. · 1990 · signal: see · confidence high
See Baylis v. Marriott Corp., 906 F.2d 874, 878 (2d Cir.1990) (rejecting plaintiffs’ contention that district court should have permitted more discovery in part because the action had been pending since 1985).
cited Cited "see, e.g." Gay v. Carlson
2d Cir. · 1995 · signal: see, e.g. · confidence medium
See, e.g., Baylis v. Marriott Corp., 906 F.2d 874, 877-78 (2d Cir.1990) ("Baylis II" ).
cited Cited "see, e.g." Gay v. Carlson
2d Cir. · 1995 · signal: see, e.g. · confidence medium
See, e.g., Baylis v. Marriott Corp., 906 F.2d 874, 877-78 (2d Cir.1990) (“Baylis IF).
discussed Cited "see, e.g." CIBC Bank & Trust Co. v. Banco Central Do Brasil
S.D.N.Y. · 1995 · signal: see also · confidence medium
The court went on to affirm the dismissal because of the lack of this “essential element.” Id.; see also Baylis v. Marriott Carp., 906 F.2d 874, 877 (2d Cir.1990) (“Under traditional principles of New York law, a party may not recover for tortious inducement of a breach of contract without proving that the underlying contract has been breached.”).
discussed Cited "see, e.g." J & J Sheet Metal Works, Inc. v. Picarazzi
N.D.N.Y. · 1992 · signal: see also · confidence low
Inselman & Co. v. F & B Financial Co., 41 N.Y.2d 1078, 1080 , 364 N.E.2d 1119, 1120 , 396 N.Y.S.2d 347, 349 (1977) (citations omitted); see also Baylis v. Mariott Corp., 906 F.2d 874 (2d Cir.1990); Hartford Fire Ins.
Retrieving the full opinion text from the archive…
James BAYLIS, Et Al., Plaintiffs-Appellants, Cross-Appellees,
v.
MARRIOTT CORPORATION, Defendant-Appellee, Cross-Appellant
1402, 1518, Dockets 90-7027, 90-7187.
Court of Appeals for the Second Circuit.
Jun 22, 1990.
906 F.2d 874
David M. Richman, New York City, for plaintiffs-appellants-cross-appellees., Carole O’Blenes, New York City (Saul G. Kramer, Susan B. Singley, Proskauer Rose Goetz & Mendelsohn, on the brief), for defendant-appellee-cross-appellant.
Kaufman, Kearse, Miner.
Cited by 43 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 57%
Citer courts: W.D. New York (1)
KEARSE, Circuit Judge:

Plaintiffs James Baylis, et at, appeal from a final judgment of the United States District Court for the Eastern District of Néw York, Edward R. Korman, Judge, dismissing their complaint against defendant Marriott Corporation (“Marriott”) for alleged tortious inducement of breach of their collective bargaining agreement with Pan American World Airways, Inc. (“Pan Am”). Following remand from this Court in a prior, appeal, in which we held that plaintiffs had no federal claim for inducement of breach and directed consideration of whether plaintiffs could state a claim under state law, see Baylis v. Marriott Cory., 843 F.2d 658 (2nd Cir.1988) (“Baylis I”), the district court ruled that the complaint failed to state any claim that was not preempted by the Railway Labor Act, 45 U.S.C. § 151 et seq. (1982) (“RLA” or the “Act”). On appeal, plaintiffs contend that the district court (1) erroneously believed that Baylis I precluded it from entertaining their state-law claims, and (2) improperly dismissed their claims without allowing them discovery. Marriott has cross-appealed, contending that, except as to plaintiff Baylis himself, no timely notice of appeal was filed and that the district court abused its discretion in extending the time of the other plaintiffs to appeal. For the reasons below, we conclude that the appeal is timely as to all plaintiffs and that the judgment of the district court should be affirmed.

I. BACKGROUND

The background of this litigation is set forth in Baylis I, familiarity with which is assumed, and will not be repeated in detail here. Briefly, plaintiffs are former employees of Pan Am who had worked in its catering operation but lost their jobs when Pan Am decided to discontinue its in-house operation and engage the catering services of Marriott. Contending that their collective bargaining agreement with Pan Am guaranteed them employment for life, plaintiffs sued Pan Am for breach of the agreement and sued Marriott for tortious inducement of Pan Am’s breach. The district court granted summary judgment dismissing the claim against Pan Am on its merits on the ground that the original collective bargaining agreement had been replaced by a new one; it denied Marriott’s motion to dismiss, ruling that a cause of action for inducement of breach of the original contract could be implied as a matter of federal common law.

In Baylis I, we concluded that the district court should not have reached the merits of the claim against Pan Am but should instead have dismissed it for lack of subject matter jurisdiction because that claim required interpretation of the terms of the collective bargaining agreement and hence was preempted by the RLA. We also ruled that a tortious interference claim against Marriott could not be implied under federal common law, stating as follows:

Implying a federal claim for tortious interference would conflict with the strong policy under the RLA of keeping questions of labor contract interpretation out of the federal courts. There is no authority for creating a federal common law tort for this case....

843 F.2d at 664. Accordingly, we remanded to the district court for a determination[*876] of, inter alia, “whether plaintiffs’ state claim against Marriott is preempted by federal law.” Id. at 665.

On remand, the district court stated that “[i]f there is ‘a strong federal policy under the R.L.A. of keeping questions of labor contract interpretation out of the federal courts,’ ” Memorandum and Order dated December 5, 1989 (“Decision”), at 4 (quoting from Baylis I, 843 F.2d at 664), “then it is difficult to avoid the conclusion that a state law cause of action for tortious interference with a collective bargaining agreement conflicts with ‘ “the accomplishment and execution of the full purposes and objectives of Congress,” ’ ” Decision at 4 (quoting Michigan Canners & Freezers Association v. Agricultural Marketing and Bargaining Board, 467 U.S. 461, 469, 104 S.Ct. 2518, 2523, 81 L.Ed.2d 399 (1984) (quoting Hines v. Davidowitz, 312 U.S. 52, 67, 61 S.Ct. 399, 404, 85 L.Ed. 581 (1941))). Though the district court expressed a preference for “ ‘allowing a state law action to proceed against a party who has not signed the labor contract, and whose obligations are not defined by the contract,’ ” Decision at 5 (quoting Dougherty v. Parsec, Inc., 872 F.2d 766, 771 (6th Cir.1989)), it reluctantly concluded that Baylis /’ s premise precluded a finding that plaintiffs’ state-law claims were not preempted. The court also rejected plaintiffs’ contention that they could establish their state-law tortious interference claims without proving breach of the underlying contract on the theory that the contract was voidable or terminable at will, noting that the complaint did not allege, as would be required under such a theory, that Marriott had induced the contract termination by wrongful means. Accordingly, the court dismissed the complaint for failure to state a claim that is not preempted by the RLA.

Plaintiffs have appealed the judgment of dismissal. As discussed in Part II below, Marriott has moved to dismiss the appeal as untimely filed by all plaintiffs except Baylis and has cross-appealed a decision of the district court extending plaintiffs’ time to appeal. For the reasons below, we deny Marriott’s motion to dismiss plaintiffs’ appeal, we dismiss Marriott’s cross-appeal as moot, and we affirm the judgment of the district court.

II. APPELLATE JURISDICTION

The judgment dismissing the complaint was entered on December 7, 1989; under Fed.R.App.P. 4(a)(1) and 26(a), the deadline for appeal was thus January 8, 1990. On January 3, a notice of appeal was filed, bearing a caption styled “James Bay-lis, et al,” [sic] and stating that “James Baylis, et al, [sic] all of the plaintiffs in this action, hereby appeal_” Thereafter, it was called to the attention of plaintiffs’ then-attorney that, because it listed only Baylis by name, the notice of appeal might be ineffective as to the other plaintiffs.

In February 1990, plaintiffs other than Baylis moved in the district court pursuant to Fed.R.App.P. 4(a)(5) for an extension of their time to file an amended notice of appeal. Their attorney explained that he had used the truncated form because there were nearly 200 plaintiffs, because abbreviated captions had been used on virtually all of the other papers in the litigation, and because he was unaware that specificity in the notice of appeal was required. The district court expressed the view that the notice had adequately indicated that all of the plaintiffs intended to appeal and, though noting that there might be no basis for a finding of excusable neglect as required by Rule 4(a)(5), granted the application for an extension of time to amend the notice if necessary. An amended notice of appeal, listing each plaintiff by name, was filed on February 9, 1990.

Marriott has moved to dismiss the appeal for lack of appellate jurisdiction as to all plaintiffs other than Baylis, and it has cross-appealed from the order granting those plaintiffs time to file an amended notice of appeal. We conclude that the original notice of appeal, though not in technical compliance with the Rules, was adequate to give us jurisdiction with respect to all plaintiffs.

Rule 3(c) of the Federal Rules of Appellate Procedure provides, in part, that “[t]he[*877] notice of appeal shall specify the party or parties taking the appeal_” Fed.R. App.P. 3(c). This requirement has jurisdictional implications, for “[t]he failure to name a party in a notice of appeal ... constitutes a failure of that party to appeal.” Torres v. Oakland Scavenger Co., 487 U.S. 312, 314, 108 S.Ct. 2405, 2407, 101 L.Ed.2d 285 (1988). The purpose of the specificity requirement is to provide notice to the court and to the opposing parties of the identity of the appellant or appellants, permitting the court and the opposition to know, for example, which parties are bound by the district court’s judgment or which parties may be held liable for costs or sanctions on the appeal.

Rule 3(c) also provides, however, that “[a]n appeal shall not be dismissed for informality of form or title of the notice of appeal,” Fed.R.App.P. 3(c), and we may consider a technical defect to be immaterial if the notice of appeal contains the “functional equivalent” of a listing of each appealing party’s name. Torres v. Oakland Scavenger Co., 487 U.S. at 317, 108 S.Ct. at 2409. The mere appendage of the phrase “et al.,” however, is not sufficient, for that term literally means “and others,” without specifying which others. Id. at 317-18, 108 S.Ct. at 2409; Shatah v. Shearson/American Express, Inc., 873 F.2d 550, 552 (2d Cir.1989) (per curiam).

In the present case, the original notice of appeal was technically deficient since it did not list the parties who sought to appeal. The caption, using the “et al.” short form, was insufficient to meet the specificity requirement of Rule 3(c). Nonetheless, the body of the notice did contain a precise indication as to which parties sought to appeal, since it stated that the appeal was being taken by “all of the plaintiffs in this action.” Thus, the ambiguity of “et al." was resolved. No doubt was left that all of the plaintiffs sought review, that all would be entitled to whatever general relief the appellate court might grant, or that all could be held liable for costs or sanctions on the appeal. We conclude that the specification that the appeal was taken by “all of the plaintiffs in this action” was the functional equivalent of a plaintiff-by-plaintiff listing.

Accordingly, the original notice of appeal, which was timely filed, was sufficient to constitute an appeal by all of the plaintiffs. Marriott’s motion to dismiss the appeal as to the plaintiffs other than Baylis is denied, and its cross-appeal from the district court’s order granting an extension of time to file an amended notice of appeal is dismissed as moot.

III. THE MERITS

Turning to the merits of plaintiffs’ appeal, we conclude that the district court properly dismissed the complaint because the state-law claim of tortious interference with contract, to the extent that it is well pleaded, is preempted by the RLA.

Under traditional principles of New York law, a party may not recover for tortious inducement of breach of a contract without proving that the underlying contract has been breached. See Enercomp, Inc. v. McCorhill Publishing, Inc., 873 F.2d 536, 541 (2d Cir.1989); Jack L. Inselman & Co. v. FNB Financial Co., 41 N.Y.2d 1078, 1080, 396 N.Y.S.2d 347, 349, 364 N.E.2d 1119, 1120 (1977) (mem.). As we stated in Baylis I, however, the procedures established by the RLA “are mandatory and provide the exclusive forum for ... the interpretation of contracts under that Act.” 843 F.2d at 662. Since plaintiffs cannot establish that Marriott tortiously induced Pan Am to breach without establishing the meaning of the collective bargaining agreement and its breach by Pan Am, their claims of tortious inducement of breach are preempted by the RLA. Accord Beard v. Carrollton Railroad, 893 F.2d 117, 122 (6th Cir.1989); cf. Lumber Production Industrial Workers Local #1054 v. West Coast Industrial Relations Association, 775 F.2d 1042, 1049 (9th Cir.1985) (tortious interference claim preempted by National Labor Relations Act, 29 U.S.C. § 151 et seq.); Johnson v. Anheuser Busch, Inc., 876 F.2d 620, 624 (8th Cir.1989) (tortious interference claim preempted by § 301 of the Labor Management Relations Act, 29 U.S.C. § 185 (“LMRA”));[*878] see also Baldracchi v. Pratt & Whitney Aircraft Division, 814 F.2d 102, 106 (2d Cir.1987) (RLA likely has greater preemptive reach than LMRA), cert. denied, 486 U.S. 1054, 108 S.Ct. 2819, 100 L.Ed.2d 920 (1988).

Plaintiffs argue that we should reach the contrary conclusion on the basis of the Sixth Circuit’s decision in Dougherty v. Parsec, Inc., 872 F.2d 766 (6th Cir.1989), which held that a tortious interference claim under Ohio law was not preempted by § 301 of the LMRA. That case is inap-posite since, inter alia, under Ohio law, breach of the underlying contract is not an essential element of the tortious interference claim. See id. at 770; Beard v. Carrollton Railroad, 893 F.2d at 122 n. 1 (holding tortious interference claim under Kentucky law preempted by RLA because proof of breach of contract under that law was essential to the claim, and noting that “Dougherty v. Parsec, Inc. ... held that a claim for tortious interference with contract under Ohio law was not preempted by § 301” because “Ohio law is to the contrary”).

Plaintiffs also argue that they could prevail under state law without proving a breach of contract by Pan Am, on the theory that breach is not required where the underlying contract was voidable or terminable at will. As the district court noted, however, New York law permits recovery for inducement of termination of such a contract only where the defendant has induced the termination by wrongful means. Thus, in Guard-Life Corp. v. S. Parker Hardware Mfg. Corp., 50 N.Y.2d 183, 428 N.Y.S.2d 628, 406 N.E.2d 445 (1980), the New York Court of Appeals explained as follows:

With respect to a contract for a definite term, persuasion to breach alone, as by an offer of better terms ..., has been sufficient to impose liability on one who thereby interferes with performance....
Where contracts terminable at will have been involved, we have upheld complaints and recoveries in actions seeking damages for interference when the alleged means employed by the one interfering were wrongful as consisting of fraudulent representations ... or as in violation of a duty of fidelity owed to the plaintiff by the defendant by reason of a relation of confidence existing between the[m]_ Absent some such misconduct, no liability has resulted to one whose actions have induced nonperformance of a contract deemed to be voidable and thus unenforceable....

Id. at 194, 428 N.Y.S.2d at 634, 406 N.E.2d at 450-51. The complaint in the present case does not allege that Marriott used fraudulent or otherwise wrongful means to induce Pan Am to cease in-house catering operations and procure catering services from Marriott. Accordingly, the district court did not err in ruling that the complaint could not be upheld on this theory.

Finally, we reject plaintiffs’ contention that the district court should not have dismissed their complaint without allowing them to conduct discovery into the possibility that Marriott may have induced the contract termination by wrongful means. This action has been pending since 1985; presumably plaintiffs have had ample time to conduct discovery. Further, though their voidable-contract theory appears to have been proffered only belatedly in a May 25, 1989 letter sent to the court some months after Marriott’s motion for dismissal had been argued, that letter did not contain any request for discovery to substantiate the new theory. Nor have plaintiffs pointed to any discovery request that, at the time of the district court’s decision, had been denied or was outstanding, The district court’s granting of the motion to dismiss without sua sponte ordering discovery was not an abuse of discretion.

CONCLUSION

For the above reasons, we dismiss defendant’s cross-appeal, No. 90-7187, and we deny its motion to dismiss appeal No. 90-7027 as to plaintiffs other than Baylis. We have considered all of plaintiffs’ arguments in support of their appeal and have found them to be without merit. The judgment dismissing the complaint is affirmed.

[*879] Plaintiffs shall bear the costs on their appeal; defendant shall bear the costs on its cross-appeal and its motion.