Thomas Henry Anderson v. Am. Airlines, Inc., 2 F.3d 590 (5th Cir. 1993). · Go Syfert
Thomas Henry Anderson v. Am. Airlines, Inc., 2 F.3d 590 (5th Cir. 1993). Cases Citing This Book View Copy Cite
“if either completely pre-empt claim, federal question jurisdiction exists, and removal of this case was proper.”
129 citation events (64 in the last 25 years) across 30 distinct courts.
Strongest positive: Pegues v. International Association of Machinists and Aerospace Workers (txwd, 2019-12-10) · Strongest negative: Ellison v. Northwest Airlines, Inc. (hid, 1996-05-08)
Treatment trajectory · 1993 → 2026 · click a year to view as-of
1993 2009 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited "but see" Ellison v. Northwest Airlines, Inc.
D. Haw. · 1996 · signal: but see · confidence high
Defendants also argue that Plaintiff’s Pamar based claim of retaliatory discharge is preempted by the Airline Deregulation Act of 1978, codified and amended July 5, 1994, 49 U.S.C. § 41713 (b)(1) (formerly 49 App.U.S.C. § 1305(a)(1)), which preempts any state law "related to a price, route, or service of an air carrier.” See Marlow v. AMR Serv., Corp., 870 F.Supp. 295, 299 (D.Haw.1994) (jetbridge maintenance company supervisor’s claim he was terminated for raising safety concerns preempted by Act); Aloha Islandair, Inc. v. Tseu, 1995 WL 549319 , *2 (D.Haw.1995) (disability discriminati…
discussed Cited as authority (verbatim quote) Pegues v. International Association of Machinists and Aerospace Workers
W.D. Tex. · 2019 · quote attribution · 1 verbatim quote · confidence high
if either completely pre-empt claim, federal question jurisdiction exists, and removal of this case was proper.
cited Cited as authority (rule) Killion v. Truist Bank
N.D. Tex. · 2025 · confidence medium
Airlines, Inc., 2 F.3d 590, 593 (5th Cir. 1993).
discussed Cited as authority (rule) Filer v. Ruff
N.D. Tex. · 2025 · confidence medium
The statute allows a defendant to “remove a state court action to federal court only if the action could have originally been filed in federal court.” Anderson v. American Airlines, Inc., 2 F.3d 590, 593 (5th Cir. 1993).
discussed Cited as authority (rule) Krupala v. State Farm Lloyds
N.D. Tex. · 2025 · confidence medium
The statute allows a defendant to “remove a state court action to federal court only if the action could have originally been filed in federal court.” Anderson v. American Airlines, Inc., 2 F.3d 590, 593 (5th Cir. 1993).
discussed Cited as authority (rule) D. Reynolds Company, LLC v. AGCS Marine Insurance Company
N.D. Tex. · 2024 · confidence medium
The statute allows a defendant to “remove a state court action to federal court only if the action could have originally been filed in federal court.” Anderson v. American Airlines, Inc., 2 F.3d 590, 593 (5th Cir. 1993).
discussed Cited as authority (rule) Haggins, IV v. Deep Ellum Foundation
N.D. Tex. · 2024 · confidence medium
The statute allows a defendant to “remove a state court action to federal court only if the action could have originally been filed in federal court.” Anderson v. American Airlines, Inc., 2 F.3d 590, 593 (5th Cir. 1993).
discussed Cited as authority (rule) Shaw v. United Parcel Service Inc
N.D. Tex. · 2024 · confidence medium
The statute allows a defendant to “remove a state court action to federal court only if the action could have originally been filed in federal court.” Anderson v. American Airlines, Inc., 2 F.3d 590, 593 (5th Cir. 1993).
discussed Cited as authority (rule) Zell v. Amica Mutual Insurance Company
N.D. Tex. · 2024 · confidence medium
The statute allows a defendant to “remove a state court action to federal court only if the action could have originally been filed in federal court.” Anderson v. American Airlines, Inc., 2 F.3d 590, 593 (5th Cir. 1993).
discussed Cited as authority (rule) Hardisty v. Family Moving Services Inc
N.D. Tex. · 2024 · confidence medium
The statute allows a defendant to “remove a state court action to federal court only if the action could have originally been filed in federal court.” Anderson v. American Airlines, Inc., 2 F.3d 590, 593 (5th Cir. 1993).
discussed Cited as authority (rule) Samurai Global LLC v. Brothers
N.D. Tex. · 2023 · confidence medium
The statute allows a defendant to “remove a state court action to federal court only if the action could have originally been filed in federal court.” Anderson v. American Airlines, Inc., 2 F.3d 590, 593 (5th Cir. 1993).
discussed Cited as authority (rule) Harper v. Irving Club Acquisition Corp
N.D. Tex. · 2023 · confidence medium
The statute allows a defendant to “remove a state court action to federal court only if the action could have originally been filed in federal court.” Anderson v. American Airlines, Inc., 2 F.3d 590, 593 (5th Cir. 1993).
discussed Cited as authority (rule) Byars v. Walmart Inc
N.D. Tex. · 2023 · confidence medium
The statute allows a defendant to “remove a state court action to federal court only if the action could have originally been filed in federal court.” Anderson v. American Airlines, Inc., 2 F.3d 590, 593 (5th Cir. 1993).
cited Cited as authority (rule) Calcasieu Cameron Hospital Service District v. Zurich American Insurance Co
W.D. La. · 2022 · confidence medium
Airlines, Inc., 2 F.3d 590, 593 (5th Cir. 1993).
discussed Cited as authority (rule) InVas Medical Devices LLC v. Zimmer Biomet CMF and Thoracic LLC
N.D. Tex. · 2022 · confidence medium
Legal Standard Title 28 U.S.C. § 1441 (a) permits the removal of “any civil action brought in a State court of which the district courts of the United States have original jurisdiction . . . .” The statute allows a defendant to “remove a state court action to federal court only if the action could have originally been filed in federal court.” Anderson v. American Airlines, Inc., 2 F.3d 590, 593 (5th Cir. 1993) (citing 28 U.S.C. § 1441 ).
cited Cited as authority (rule) Johnson v. Ford Motor Company
N.D. Tex. · 2022 · confidence medium
Airlines, Inc., 2 F.3d 590, 593 (5th Cir. 1993).
cited Cited as authority (rule) Casas v. Anthony Mechanical Services, Inc.
N.D. Tex. · 2022 · confidence medium
Airlines, Inc., 2 F.3d 590, 593 (5th Cir. 1993) (citing § 1441).
discussed Cited as authority (rule) Caulfield v. Hobby Lobby Stores Inc
N.D. Tex. · 2021 · confidence medium
ANALYSIS Title 28 U.S.C. § 1441 (a) permits the removal of “any civil action brought in a State court of which the district courts of the United States have original jurisdiction . . . .” The statute allows a defendant to “remove a state court action to federal court only if the action could have originally been filed in federal court.” Anderson v. American Airlines, Inc., 2 F.3d 590, 593 (5th Cir. 1993) (citing 28 U.S.C. § 1441 ).
cited Cited as authority (rule) Certain Underwriters at Lloyd's, London Subscribing Severally to Policy No. B0595NOHW46387019 v. Block Multifamily Group, LLC d/b/a Block Multifamily Power Group
N.D. Tex. · 2021 · confidence medium
Airlines, Inc., 2 F.3d 590, 593 (5th Cir. 1993).
discussed Cited as authority (rule) Cheatham v. Tomassetti
N.D. Tex. · 2021 · confidence medium
The statute allows a defendant to “remove a state court action to federal court only if the action could have originally been filed in federal court.” Anderson v. American Airlines, Inc., 2 F.3d 590, 593 (5th Cir. 1993). - 3 - However, the removal statute must be strictly construed because “removal jurisdiction raises significant federalism concerns[.]” Willy v. Coastal Corp., 855 F.2d 1160, 1164 (5th Cir. 1988).
discussed Cited as authority (rule) MARTONE v. JET AVIATION FLIGHT SERVICES, INC.
D.N.J. · 2021 · confidence medium
Airlines, Inc., 2 F.3d 590, 597 (5th Cir. 1993) (finding that a claim based on an airline’s alleged retaliation against a mechanic for filing a workers’ compensation action was not preempted because “[a]ny effect that such a claim may have on American’s services is far too remote to trigger pre-emption”).
cited Cited as authority (rule) Wright v. Un Pac Rr
5th Cir. · 2021 · confidence medium
Airlines, Inc., 2 F.3d 590, 594 (5th Cir. 1993) (citations omitted).
discussed Cited as authority (rule) Bowers v. Chubb Lloyd's Insurance Company of Texas
N.D. Tex. · 2020 · confidence medium
Section 1441 allows a defendant to “remove a state court action to federal court only if the action could have originally been filed in federal court.” Anderson v. American Airlines, Inc., 2 F.3d 590, 593 (5th Cir. 1993). 28 U.S.C. § 1446 allows a defendant to remove a case that becomes removable some time after the initial pleading is filed. 28 U.S.C. § 1446 (b)(3).
discussed Cited as authority (rule) Shamoun v. Old Dominion Freight Line Inc
N.D. Tex. · 2020 · confidence medium
The statute allows a defendant to “remove a state court action to federal court only if the action could have originally been filed in federal court.” Anderson v. American Airlines, Inc., 2 F.3d 590, 593 (5th Cir. 1993).
discussed Cited as authority (rule) Potter v. Cabello
N.D. Tex. · 2019 · confidence medium
The statute allows a defendant to “remove a state court action to federal court only if the action could have originally been filed in federal court.” Anderson v. American Airlines, Inc., 2 F.3d 590, 593 (5th Cir. 1993).
discussed Cited as authority (rule) Marshall v. Maropco, Inc.
N.D. Tex. · 2017 · confidence medium
The statute allows a defendant to “remove a state court action to federal court only if the action could have originally been filed in federal court.” Anderson v. American Airlines, Inc., 2 F.3d 590, 593 (5th Cir. 1993).
cited Cited as authority (rule) Thomas Costello v. BeavEx, Incorporated
7th Cir. · 2016 · confidence medium
Airlines, Inc., 2 F.3d 590, 597-98 (5th Cir.1993) (holding that retaliatory-discharge claim was not preempted because its effect on airline services was too remote).
discussed Cited as authority (rule) Mitchell v. U.S. Airways, Inc. (2×)
D. Mass. · 2012 · confidence medium
In Anderson v. American Airlines, 2 F.3d 590, 597 (5th Cir.1993), the Fifth Circuit held that an aircraft mechanic’s statutory retaliation claim was not preempted by the Airline Deregulation Act where the mechanic was terminated by the airline after filing a workers’ compensation claim.
discussed Cited as authority (rule) Meisel v. USA SHADE AND FABRIC STRUCTURES INC.
N.D. Tex. · 2011 · confidence medium
The statute allows a defendant to “remove a state court action to federal court only if the action could have originally been filed in federal court.” Anderson v. American Airlines, Inc., 2 F.3d 590, 593 (5th Cir.1993).
cited Cited as authority (rule) DiFiore v. American Airlines, Inc.
1st Cir. · 2011 · confidence medium
Airlines, Inc., 2 F.3d 590, 597-98 (5th Cir.1993) (retaliation for filing workers’ compensation claim). 8 .
discussed Cited as authority (rule) Texas Instruments Inc. v. Citigroup Global Markets, Inc.
N.D. Tex. · 2010 · confidence medium
ANALYSIS A. Removal Jurisdiction Title 28 U.S.C. § 1441 (a) permits the removal of “any civil action brought in a State court of which the district courts of the United States have original jurisdiction.” The statute allows a defendant to “remove a state court action to federal court only if the action could have originally been filed in federal court.” Anderson v. American Airlines, Inc., 2 F.3d 590, 593 (5th Cir.1993).
discussed Cited as authority (rule) Carmona v. SW Airlines Co
5th Cir. · 2008 · confidence medium
Airlines, Inc., 2 F.3d 590, 595 (5th Cir. 1993) (citing id.). 11 Norris, 512 U.S. at 265 . 12 Saridakis v. United Airlines, 166 F.3d 1272, 1276 (9th Cir. 1999). 6 No. 07-51071 obtaining medical and sick leave, and discipline and termination procedures is required to evaluate whether (1) Carmona has established a prima facie case, (2) Southwest proffered a non-discriminatory reason for firing Carmona, and (3) Southwest’s stated rationale for terminating his employment was a pretext for discrimination.
cited Cited as authority (rule) Carmona v. Southwest Airlines Co.
5th Cir. · 2008 · confidence medium
Airlines, Inc., 2 F.3d 590, 595 (5th Cir.1993) (citing id.). 11 .
cited Cited as authority (rule) Smith v. SIMMONS BEDDING COMPANY
Tex. App. · 2008 · confidence medium
Anderson v. American Airlines, Inc., 2 F.3d 590, 596 (5th Cir.1993).
cited Cited as authority (rule) Parker v. American Airlines, Inc.
N.D. Tex. · 2007 · confidence medium
Resolution of this issue does not require an interpretation of the CBA.” Id. at 596 (internal quotations and citations omitted).
discussed Cited as authority (rule) Green v. Kansas City Southern Railway Co.
E.D. Tex. · 2006 · confidence medium
In Anderson v. American Airlines, 2 F.3d 590, 592 (5th Cir.1993), the Fifth Circuit acknowledged that the Texas Workers’ Compensation Act protects workers from retaliation for filing a workers’ compensation claim.
discussed Cited as authority (rule) Chille v. United Airlines
W.D.N.Y. · 2004 · confidence medium
RLA”); Anderson v. American Airlines, Inc., 2 F.3d 590, 595 (5th Cir.1993) (“if a plaintiffs state law claim does not require an interpretation of a collective bargaining agreement, then the claim does not involve a minor dispute, the RLA does not pre-empt the claim, and a state court is a proper forum”).
discussed Cited as authority (rule) Branche v. Airtran Airways, Inc.
11th Cir. · 2003 · confidence medium
Airlines, Inc., 2 F.3d 590, 597-98 (5th Cir.1993) (holding that any connection between the claim for retaliatory discharge and airline “services” was too remote to give rise to ADA pre-emption); Espinosa v. Cont’l Airlines, 80 F.Supp.2d 297, 301 (D.N.J.2000) (rejecting the argument that the plaintiffs state whistleblower claim was pre-empted based on the fact that it “ ‘related to’ the quality of services rendered by an airline because it affect[ed] Continental’s ability to discipline employees whose work is integral to ‘air services’ and to air safety”); Ruggiero v. AMR, C…
discussed Cited as authority (rule) Broadbent v. Allison
W.D.N.C. · 2001 · confidence medium
In short, there must be “a clearly manifested congressional intent to make *523 state claims removable to federal court.” Anderson v. American Airlines, Inc., 2 F.3d 590, 598 (5th Cir.1993) (quotation and citation omitted).
cited Cited as authority (rule) Blankenship v. Atchison, Topeka
5th Cir. · 1998 · confidence medium
Anderson v. American Airlines, Inc., 2 F.3d 590, 594 (5th Cir. 1993).
discussed Cited as authority (rule) Isbell v. Stewart & Stevenson, Ltd.
S.D. Tex. · 1998 · confidence medium
A defendant may remove a state court action to federal court only if the action originally could have been filed in federal court and that a case may not be removed on the basis of an alleged defense or counterclaim. 28 U.S.C. § 1441 ; Franchise Tax Bd. v. Const. Laborers Vacation Trust, 463 U.S. 1, 4-5 , 103 S.Ct. 2841 , 77 L.Ed.2d 420 (1983); Anderson v. American Airlines, Inp., 2 F.3d 590, 593 (5th Cir.1993).
discussed Cited as authority (rule) 74 Fair empl.prac.cas. (Bna) 1849, 73 Empl. Prac. Dec. P 45,289 Mark Abdu-Brisson Ronald H. Buchner Gordon Burgess Robert Burke Thomas D. Callahan Thomas F. Carey Dale E. Carman Louis Carrara T. Barry Casey Lamar Cason Robert T. Cassidy Robert Changery Larry E. Chappel Richard Charbonneau Stanley Checkoway Douglas S. Christensen Lee J. Church James Cirilli Robert Clack Walter M. Clark Philip Claudy Harold T. Cleaver Charles Clements Richard T. Clough Lawrence D. Cobb Wesley Collins Ronald E. Combee Eugene M. Comfort Harry G. Compton John C. Cook Clifford Cool David L. Cooper Donald C. Cory Marcus Covington Eugene Cox Lynn Cox Lynn O. Cox Howard Crowell J.N. Crump Charles Crumpton Joseph C. Cushing Edward Cywinski Thomas G. Dahoney Joseph Dalton Charles R. Davis Gerald E. Davis Wade L. Davis Thomas A. Dean Ernest E. Dell, Jr. Thomas J. Delnickas Henry P. Denoncour Robert Devries Clarence J. Dieter Charles Dike, Jr. Gerald Dion Jack Ditzel Stephen A. Dodge William W. Donnelly Wilfredo H. Dorna William Dorna Charles B. Douglas Robert H. Drozd Vincent L. Duffy Ralph Dunn Richard C. Dupuis Robert Durant Patrick W. Dwyer Robert R. Dzimidas Robert Ebbler Jack E. Eldred Kenneth Elias William C. Ellis Danny A. Endresen Lewis W. English R. Robert English Sigurd Eriksen John M. Esposito Douglas S. Eyre Douglas L. Ezell John R. Fahy Jeffrey Fairbrother Andral P. Faris Robert Ferrel Lewis Fielack Jerry D. Fifer James Flaugh Eugene Foret Richard Forte Duane Foster Francis J. Foster David Fountain George v. Fox Roland M. Fraga Robert A. Fraser Bruce L. Frye John Fucik Paul J. Fuller Edward R. Fullerton John Gallagher Rodger P. Galli Frederick C. Gardner Charles L. Garner Edwin J. Gieger James T. Gettys Frank H. Gibson John Grout Robert P. Gunst William Halvosa, III D.B. Haman Lloyd Hamilton Ross M. Hamilton Roberto Hanchett Michael D. Hanley Alvin C. Hanson Robert Harlan Gary Harmon Gary L. Harris Robert S. Harris Dan H. Harrison Nile L. Harter Joseph Haselby William Herndon Donald C. Hertzfeldt Larry Hess Lon Hicks Carl E. Hindle Richard Hohlowski Frederick W. Holtgrave Daniel E. Hood William N. Hoover Michael R. Hopkins Darryl G. Hubbard John E. Hubbard Stanley C. Huie Arnold Husemann O.H. Hutchins Rayford Hymes John Iisager Andrew C. Isola A. Allen Jackson David H. Jenkins William K. Jillson James C. Johnson Robert Johnson Ronald W. Johnson Terrill C. Johnson J.J. Jones M. Perry Jones Terrell Jones Dean Jung Herman T. Kamerman H.L. Karasoff William G. Karns Gary R. Kasper Patrick T. Kavanagh Ralph B. Abrames Delbert R. Ackley George Adalian John R. Adkins Steven A. Aigner James Ainsworth David R. Albert William Allen Charles Amacker Joseph Anderson Joseph Anding Wilbert Z. Antill Eric Archer Stuart H. Archer Joseph A. Armstrong Leonard R. Atlas George J. Avery Chester Bailey Larry Baker John M. Bandy Richard Barker Mohammad Bashir Peter P. Bendzlowicz Joseph J. Bennett Peter Bennett William O. Bennett David Benson Thomas R. Bentley Michael Berry James Bethel Robert Beziat Gordon M. Biggar Stephen Blank David Bloss James Bloyder Charles J. Bonini Marc L. Bornn Walter Bosselman Steven D. Bowden Ned C. Bowers James W. Bowles Gary W. Brandt Stephen W. Brandt Curtis H. Briggs Donald Brodheur Stephen A. Brodhecker Alwyn Brown Robert Brown James Browne Robert P. Gick Donald R. Giddens Joseph A. Giddings Bernard D. Hgiere Norman Girouard Charles F. Gladish Thomas E. Gompf Jack D. Gordon Corad Conrad Gosheff Alton G. Graham Ritchie L. Griffith Kenneth R. Gross Paul Frederick Johnson David Kawamoto, Kevin P. Kehoe Richard D. Kelly Greg Kerhulisl H.W. King Christopher Kipfer David R. Kirschner Roger L. Klein William Kline Richard Klinicki Stephen M. Korcheck John Kuhs William Kunz Enrigue J. Lanz Leland T. Larson Richard Laumeyer Warner F. Lee Albert Leet Frank M. Lenz Ira Leshin John W. Lewis Edward R. Lindgren B.L. Lindsay William H. Linkroum, III Gordon M. Littlefield David Loomis Frederick Losen James v. Loven Daniel W. Lovett Edward J. Lynch M. Lyon Richard Mack Michael MacQuarrie Dennis Maddux Edward A. Maiellaro Robert Manske Sidney S. Margrey Anthony Marmon Frank Martin Roderick Martindale John H. Mascali Robert J. Massey Robert Paul Massi Michael M. Matei Brian P. Mattiesen Richard Mayer Dale Q. Mayo Thomas Mays Benedict L. McAlevey Guy L. McCafferty Patrick McCallum Jim M. McConnell Robert B. McEachran James McFarlane William McInroe Edward A. McKay Kenneth R. McKee Hudnalle McLean Michael T. McQuillen Christopher L. Mega R. Merrill Lawrence E. Meyer James W. Michel Gordon Miller Gregory Miller Joseph P. Miller Richard L. Mitts Einar J. Mogensen William J. Mooney James Moore Mark Moore Robert L. Morey Peter J. Moriarty J. Edwin Morse Gordon S. Moyer Hay Muffett Charles F. Mulin Richard Muller John Neill Jack A. Nelson Jeffrey S. Nelson Larry Nelson Leonard M. Nelson Van Nelson Jackson I. Newberry Vernon J. Nordman Yan Novak John M. Nunez James R. Nuss Robert Ober Stuart A. O'Brien Charles W. O'COnnOr Michael O'DOnnell Kenneth Olson Laurence H. Omura Clyde Orr John F. O'Ryan Robert L. Osburn Lane Overstreet Robert B. Owen Capt. Dennis A. Panzer Henry Papa Theodore Pateas John C. Patten Bruce Patzmann Richard v. Paul Frederick Pearce Paul Pearce Robert A. Penn Richard A. Perkins Capt. T.C. Pestolis Stephen T. Petersen David H. Peterson Robert Peterson Kenneth M. Pfrang James Larry Phillips William Picken P.A. Pierce Richard Pipkin Vincent Pischl Curtis R. Platte Richard P. Platts Dwight Plyler Jimmie R. Pollock John T. Pool John C. Popkess Randal L. Porter Frederick R. Pouy John R. Ramey Norman W. Reagan John H. Reeves Michael Reichfeld Arnold Reiner Forrest Rhodes Harold W. Rhodes Henry H. Rhyne William L. Rice James Richards Henry Richardson John B. Riederich Robert Rigney Randolph Rime James David Roach James N. Robertson Richard P. Robinette Jack Rocchio Robert Rognlien William C. Rose Edmond Rousseau John Rudl Kenneth B. Ruhm Terry Rush Philip M. Ruth Robert F. Sabbatino Salvatore Sallibello Kit Sanders Anthony R. Saporito James P. Sasserl Frank Savino P. Sayers Francis E. Schlater Jerry Schnell Donald J. Scholtz Paul W. Scholz Harry Schoning Allen Schwab James G. Schwalbert Carl D. Scrivener Laurence E. Senn Ralph M. Shape Jimmy R. Shaw Michael Shea George Sheasley T.B. Sheehan Jay F. Shinn Jimmy H. Shuman David M. Simpler D.B. Siotkas John Skinner John E. Skomars Kenneth Slobody Robert R. Smedley James Smiley B. Stan Smith Calvin Smith Don P. Smith Wayne A. Soliday Richard Somoya James F. Sonnhalter Edward W. Speirs Charles C. Spencer Leon Spinney Terry J. Spring Robert G. Stalvey Kenneth J. Steffan Leonard A. Stiller Thomas J. Stone Whitney Strain James Stuart Donald R. Stubbs Robert Sturgeon Jimmy L. Talkington Charles Tarpley James R. Taylor H.J. Tedesco Paul T. Thatcher Jack Thomas John M. Thomas Brenda A. Thompson George F. Thompson Thomas H. Tingle Emmett R. Titshaw Henry Tooke William W. Travis Anthony Tripoli Jerry Trott James Vandemark S.B. Vangorder Thomas Vannote Wayne A. Veeneman Rafel E. Velez James A. Verschage David M. Viken James S. Vitale Lloyd S. Voogt Robert Voss Bruce A. Wadiak James Waeber Neal Waldron Joseph R. Walker David E.B. Ward Daniel Watrous Ronald Weaver Randol B. Webb Brian Weisblat Larry J. Welch Peter J. Wenk Donald W. Wetmore Curt J. Wetzel Austin Whelihan Jack L. Whicker James H. White R.O. White William O. White J.B. Williams C.R. Williams J.A. Wills Donald L. Wilson James R. Wiltjer John Stephen Woelfel Leonard R. Wohletz Mark M. Wohlmuth Clifton Woodworth Donald E. Wright F.E. Wright Rufus Yarbrough David Yarri James York Gordon Young Otis B. Young Wayne Young Forrest Zetterberg Ronald J. Zimmerman James Zurcher and Pan Am Pilots John Does 489 Through 700 v. Delta Air Lines, Inc.
2d Cir. · 1997 · confidence medium
Id. at * 8. 19 Likewise, in Anderson v. American Airlines, Inc., 2 F.3d 590, 597 (5th Cir.1993), the Fifth Circuit ruled against preemption of a claim for monetary damages under a state retaliatory discharge statute.
discussed Cited as authority (rule) Abdu-Brisson v. Delta Air Lines, Inc.
2d Cir. · 1997 · confidence medium
Likewise, in Anderson v. American Airlines, Inc., 2 F.3d 590, 597 (5th Cir.1993), the Fifth Circuit ruled against preemption of a claim for monetary damages under a state retaliatory discharge statute.
cited Cited as authority (rule) Cartegena v. Continental Airlines, Inc.
S.D. Tex. · 1997 · confidence medium
Anderson v. American Airlines, Inc., 2 F.3d 590, 597 (5th Cir.1993). 4 .
cited Cited as authority (rule) Vanacore v. UNC Ardco Inc.
Fla. Dist. Ct. App. · 1997 · confidence medium
Id. at 597.
discussed Cited as authority (rule) Green v. Deposit Guaranty National Bank
S.D. Miss. · 1997 · confidence medium
Co-op., Inc., 34 F.3d 274, 278 (5th Cir.1994) (“Where removal jurisdiction is predicated on the exis-fence of federal question, federal question generally must appear on face of plaintiff’s complaint.”); Anderson v. American Airlines, Inc., 2 F.3d 590, 593 (5th Cir.1993) (If a question of federal law does not appear on the complaint, then federal question jurisdiction does not exist and removal is improper); Rodriguez v. Pacificare of Texas, Inc., 980 F.2d 1014, 1017 (5th Cir.1993) (Removal is not possible unless the plaintiff’s “well pleaded complaint” raises issues of federal law…
discussed Cited as authority (rule) Californians for Safe & Competitive Dump Truck Transportation v. Mendonca (2×) also: Cited "see"
N.D. Cal. · 1997 · confidence medium
Anderson, 2 F.3d at 597 (state law claim’s effect on services “far too remote to trigger pre-emption”).
examined Cited as authority (rule) Park Nat. Bank of Houston v. Kaminetzky (3×)
S.D. Tex. · 1996 · confidence medium
Anderson v. American Airlines, Inc., 2 F.3d 590, 593 (5th Cir.1993).
discussed Cited as authority (rule) Umphrey v. Fina Oil & Chemical Co. (2×) also: Cited "see"
E.D. Tex. · 1996 · confidence medium
Essentially, this means that although the employers may defend against claims by arguing that their actions were authorized under the CBA and its rules, this fact does not transform the claim into one which requires an interpretation of the CBA See Anderson, 2 F.3d 590, 596-97 (5th Cir.1993).
discussed Cited as authority (rule) Ready Transportation, Inc. v. Best Foam Fabricators, Inc.
N.D. Ill. · 1996 · confidence medium
Anderson v. American Airlines, Inc., 2 F.3d 590, 598 (5th Cir.1993) (remanding to state court a state law claim against an airline because the Airline Deregulation Act did not provide “a clearly manifested congressional intent to make state claims removable to federal court”) (citations omitted).
Retrieving the full opinion text from the archive…
Thomas Henry ANDERSON, Plaintiff-Appellant,
v.
AMERICAN AIRLINES, INC., Defendant-Appellee
93-2069.
Court of Appeals for the Fifth Circuit.
Nov 3, 1993.
2 F.3d 590
Ben A. Goff, Goff & Meador, Dallas, TX, for plaintiff-appellant., Alfred John Harper, II, Julie A. Parra-guirre, Fulbright & Jaworski, Houston, TX, for defendant-appellee.
Goldberg, Higginbotham, Davis.
Cited by 87 opinions  |  Published
GOLDBERG, Circuit Judge:

The question presented in this appeal is whether the Railway Labor Act or the Federal Aviation Act “completely pre-empts”, and thus confers federal jurisdiction over, Thomas Anderson’s state law claim that American Airlines (“American”) retaliated against him for filing a workers’ compensation claim. Because we find that Anderson’s claim is not completely pre-empted, we reverse. We therefore remand with instructions to vacate the judgment and remand this case to the state court from which it was removed.

I

Anderson was employed as an aircraft mechanic for American at Houston’s Intercontinental Airport. On January 5, 1990, while riding on a bus from an employee parking lot, Anderson injured his back when the bus driver made a sudden stop. After several weeks, the pain from this injury forced Anderson to begin losing time from work. Anderson then filed a claim for workers’ compensation benefits. Anderson’s physician, Dr. Gerald DeLuca, later cleared Anderson to return to work. Some, but not all, of Dr. DeLuca’s letters counseled Anderson to avoid lifting over twenty-five pounds. Independently, American’s medical department concluded that Anderson should avoid heavy lifting, and American decided that Anderson’s physical condition disqualified him from returning to his duties as an aircraft mechanic.

Anderson has two sources of rights that are relevant to his dispute with American: the Texas Workers’ Compensation Act and a collective bargaining agreement (“CBA”) between American and the Transport Workers Union of America, AFL-CIO. The Texas Workers’ Compensation Act protects Anderson from retaliation for filing a workers’ compensation claim. Under this Act, employers are generally held hable to employees for injuries that employees receive in the course of their duties. Employers then pay fixed amounts for each accident that occurs and receive immunity from most common law claims that arise out of these accidents. Injured employees, in turn, receive prompt payments from their employers without regard to fault or negligence. An important component of this scheme is the statute that prohibits retaliation against employees who file workers’ compensation claims in good faith. See Tex.Rev.Civ.Stat.Ann. art. 8307c (Vernon supp.1993).

The CBA governs the terms and conditions of Anderson’s employment. It does not expressly prohibit retaliation for filing a workers’ compensation claim. It does, however, set up a grievance procedure to be followed to resolve questions about an employee’s medical ability to perform his or her job. According to the CBA, if an employee’s physician and an employer’s physician do not agree about the employee’s physical fitness to perform his or her duties and the employer disqualifies the employee from work, the employee can appeal the employer’s decision to a System Review Panel. If the System Review Panel is unable to resolve the dispute, the CBA provides that the issue can be referred to a System Professional Medical Board. The Medical Board is composed of a doctor chosen by the employee, a doctor chosen by the employer, and a third doctor agreed upon by the first two. A majority of the Medical Board is empowered to determine whether the employee’s medical condition warrants his or her return to work. The[*593] Medical Board’s decision is final' and binding on both the employer and the employee.

After American refused to allow Anderson to return to work as an aircraft mechanic, Anderson sought a review of this decision through the CBA’s medical grievance procedures. Anderson first appealed to the System Review Panel. When the Panel was unable to resolve the issue, Anderson’s case was referred to the System Professional Medical Board. However, the Medical Board never met. Instead, American informed Anderson that since his physician and American’s medical department agreed that he should avoid lifting over twenty-five pounds, it would not be necessary to obtain a third doctor for further evaluation because a majority of the Board agreed about Anderson’s condition. American stated that since Anderson’s condition prevented him from performing the full scope of his duties, he could not “return to [his] former job of Aircraft Mechanic.”

Anderson then filed this suit in the 333rd Judicial District Court of Harris County, Texas. Significantly, Anderson alleged only that American violated article 8307c of the Texas Revised Civil Statutes by retaliating against him for seeking benefits under the Texas Workers’ Compensation Act. However, American removed this case to the United States District Court for the Southern District of Texas, contending that federal question jurisdiction existed because federal law pre-empted Anderson’s article 8307c claim. [1] The district court denied Anderson’s motion to remand, finding that the Railway Labor Act (“RLA”), 45 U.S.C. § 151 et seq., and the Federal Aviation Act, as amended by the Airline Deregulation Act, (“Aviation Act”), 49 U.S.C.App. § 1301 et seq., pre-empted Anderson’s state law claim and conferred federal question jurisdiction over the case. The district court then granted American’s motion for summary judgment and dismissed the case. Anderson appeals.

II

We review the district court’s grant of summary judgment de novo to determine, viewing the evidence in the light most favorable to the nonmoving party, whether any genuine issue of material fact existed and whether the district court correctly applied the relevant law. Moore v. Eli Lilly & Co., 990 F.2d 812, 814-15 (5th Cir.1993).

Ill

Our first task is to determine whether the district court had jurisdiction to hear this case. Anderson claims only that he was retaliated against by American for filing a workers’ compensation claim. State law prohibits this sort of retaliation. See Tex.Rev. Civ.Stat.Ann. art. 8307c. Thus, the face of Anderson’s complaint does not state a federal cause of action. However, American removed this ease to the district court pursuant to 28 U.S.C. § 1441(b), contending that that court had original federal question jurisdiction under 28 U.S.C. § 1331 because the RLA and the Aviation Act pre-empted Anderson’s claim.

It is axiomatic that the plaintiff is the master of his or her complaint. Generally, a plaintiff raises the claims that he or she wishes to pursue and omits those that he or she does not wish to pursue. Caterpillar, Inc. v. Williams, 482 U.S. 386, 392, 107 S.Ct. 2425, 2429, 96 L.Ed.2d 318 (1987). A defendant may remove a state court action to federal court only if the action could have originally been filed in federal court. 28 U.S.C. § 1441. Thus, where there is no diversity jurisdiction, a federal question must be present in order for removal to be proper. Caterpillar, 482 U.S. at 392, 107 S.Ct. at 2429. In other words, if a question of federal law does not appear on the face of a plaintiffs complaint, federal question jurisdiction does not exist, and removal is improper. The presence of a federal defense will not usually create federal question jurisdiction. Thus, removal on the basis of a federal defense, such as pre-emption, is generally improper. Id. at 392-93, 107 S.Ct. at 2429-30. However, there is a doctrine known as “complete pre-emption” which American asserts to be applicable in this case. The Supreme Court teaches us that under the “complete[*594] pre-emption” doctrine, the pre-emptive force of a federal statute is occasionally “so ‘extraordinary’ that it ‘converts an ordinary státe common-law complaint into one stating a federal claim....’ ” Id. at 393, 107 S.Ct. at 2430 (quoting Metropolitan Life Ins. Co. v. Taylor, 481 U.S. 58, 65, 107 S.Ct. 1542, 1547, 95 L.Ed.2d 55 (1987)). “Once an area of state law has been completely pre-empted, any claim purportedly based on that preempted state law is considered, from its inception, a federal claim, and therefore arises under federal law.” Id.

The issue here is whether we have complete pre-emption. As we have stated, Anderson’s complaint only raises a state law claim. American, however, argues that both the RLA and the Aviation Act completely pre-empt Anderson’s claim. If either of these statutes completely pre-empt an article 8307c claim, federal question jurisdiction exists, and removal of this case was proper. However, if neither of these statutes completely pre-empt Anderson’s article 8307c claim, no federal question jurisdiction exists, and removal of this case was improper. We will examine Anderson’s article 8307c claim and the pre-emptive effect of the RLA and the Aviation Act in turn.

A

Anderson’s sole claim against American is an article 8307c claim. Article 8307c provides that:

Sec. 1. No person may discharge or in any other manner discriminate against any employee because the employee has in good faith filed a claim, hired a lawyer to represent him in a claim, instituted, or caused to be instituted, in good faith, any proceeding under the Texas Workmen’s Compensation Act, or has testified or is about to testify in any such proceeding.
Sec. 2. A person who violates any provision of Section 1 of this Act shall be hable for reasonable damages suffered by an employee as a result of the violation, and an employee discharged in violation of the Act shall be entitled to be reinstated to his former position. The burden of proof shall be upon the employee.

Tex.Rev.Civ.Stat.Ann. art. 8307c (Vernon supp.1993). To establish a claim under this act, the employee bears the initial burden of establishing a causal link between the adverse employment action that the employee has suffered and the workers’ compensation claim. Trevino v. Corrections Corp. of Am., 850 S.W.2d 806, 808 (TexApp.—El Paso 1993, writ denied). The retaliation only needs to be a determining factor of the discrimination that an employee has suffered. Id. Once an employee has established the required causal link, the employer must articulate a legitimate reason for its alleged discrimination. Id. The basic issue in an article 8307c claim, therefore, is whether retaliatory discrimination has occurred.

B

Congress enacted the RLA to promote stability in the relationship between labor and management in the railroad industry and “to provide for the prompt and orderly settlement of all disputes growing out of grievances or out of the interpretation or application of agreements covering rates of pay, rules, or working conditions.” 45 U.S.C. § 151a. In Title II of the Act, Congress made the RLA applicable to the airline industry. 45 U.S.C. §§ 181-188. The RLA dispute resolution provisions that apply to the airline industry require that “disputes between an employee ... and a carrier ... growing out of grievances, or out of the interpretation or application of agreements concerning rates of pay, rules, or working conditions” must be arbitrated. 45 U.S.C. § 184. These controversies have been termed “minor disputes”. See Andrews v. Louisville & Nashville R.R. Co., 406 U.S. 320, 321-22, 92 S.Ct. 1562, 1563-64, 32 L.Ed.2d 95 (1972); Morales v. Southern Pacific Transport Co., 894 F.2d 743, 745 (5th Cir.1990). The RLA’s arbitral remedy is mandatory and exclusive for minor disputes. Consolidated Rail Corp. v. Railway Labor Executives’ Ass’n, 491 U.S. 299, 303-04, 109 S.Ct. 2477, 2480-81, 105 L.Ed.2d 250 (1989) (“Conrail ”). State law claims that involve these disputes are pre-empted. Id.; Davies v. American Airlines, Inc., 971 F.2d 463, 465 (10th Cir.1992), cert. denied, — U.S. -, 113 S.Ct. 2439, 124 L.Ed.2d 657 (1993).

[*595] The distinguishing characteristic of a minor dispute is that it “may be conclusively resolved by interpreting the existing [collective bargaining] agreement.” Conrail, 491 U.S. at 305, 109 S.Ct. at 2481. We have explained that a state law claim can involve a minor dispute and hence be pre-empted by the RLA if the state law claim is “ ‘inextricably intertwined’ with the terms and conditions of employment under the collective bargaining agreement.” Morales, 894 F.2d at 745. Our definition of a minor dispute in Morales is consistent with the definition of a minor dispute articulated in Conrail. In Morales, we held that the state law claims asserted in that suit were inextricably intertwined with the collective bargaining agreement because they could not be properly adjudicated without interpreting the terms and conditions of the applicable collective bargaining agreement. Id. at 745-46. [2]

Thus, if a plaintiffs state law claim requires an interpretation of a collective bargaining agreement, then the claim involves a minor dispute, the RLA’s compulsory grievance procedure is the only avenue open to the plaintiff, and state courts lack jurisdiction to hear the claim. Conversely, if a plaintiffs state law claim does not require an interpretation of a collective bargaining agreement, then the claim does not involve a minor dispute, the RLA does not pre-empt the claim, and a state court is a proper forum.

This pre-emption analysis parallels the test that the Supreme Court articulated in Lingle v. Norge Div. of Magic Chef, Inc., 486 U.S. 399, 408-10, 108 S.Ct. 1877, 1882-84, 100 L.Ed.2d 410 (1988), for determining when section 301 of the Labor Management Relations Act (“LMRA”), 29 U.S.C. § 185, pre-empts state law claims. In Lingle the Court explained that the LMRA only preempts state law claims whose resolution turns on the meaning of a collective bargaining agreement: “[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 and federal labor law principles ... must be employed to resolve the dispute.” Id. at 405-06, 108 S.Ct. at 1881-82. The Court emphasized that the LMRA does not pre-empt state law claims whose resolution does not depend on an interpretation of a collective bargaining agreement. Id. & n. 5. States remain free to create and enforce substantive rights in the labor relations context so long as the vindication of those rights does not require an interpretation of a collective bargaining agreement. Id. at 411-12,108 S.Ct. at 1884-85. [3]

In other RLA pre-emption cases, other circuits have relied upon the analytical framework set out in Lingle to determine the scope of RLA pre-emption. See, e.g., O’Brien v. Consolidated Rail Corp., 972 F.2d 1, 4 (1st Cir.1992), cert. denied, — U.S. -, 113 S.Ct. 980, 122 L.Ed.2d 134 (1993); Davies, 971 F.2d at 466-67. Moreover, in eases in which courts have found that the RLA did not pre-empt a state law claim, courts have emphasized that an interpretation of a collective bargaining agreement was not necessary. For example, in Davies, the Tenth Circuit held that the RLA did not preempt an Oklahoma common law tort claim for wrongful discharge in violation of public policy. The plaintiff in that case alleged that he was discharged for engaging in union activities, a tort under Oklahoma law. The company argued that this claim required an interpretation of a provision of the applicable collective bargaining agreement because that agreement protected the plaintiff from discharge without just cause. The Davies court[*596] held that since the resolution of the state law claim did not depend on an interpretation of the collective bargaining agreement’s just cause provision, the state law claim was not pre-empted. Davies, 971 F.2d at 466. Conversely, in cases in which courts have found that the RLA did pre-empt a state law claim, courts have concluded, as in Lingle, that the resolution of the state law claim required an interpretation of a collective bargaining agreement. For example, in O’Brien, the First Circuit held that the RLA pre-empted a Massachusetts law that prohibited discrimination on the basis of physical disability. The Massachusetts law prohibited disability discrimination if the disabled person was “ ‘capable of performing the essential functions of the position....”’ Id. at 2 (citation omitted). However, since the collective bargaining agreement governed the fitness and ability of an employee to perform the position’s functions, resolution of whether a person was “capable of performing the essential functions of the position” required an interpretation of the applicable collective bargaining agreement. Hence, the disability discrimination claim was pre-empted. O’Brien, 972 F.2d at 5. The Sixth and Ninth Circuits have employed similar analyses to find other state disability discrimination laws pre-empted. See McCall v. Chesapeake & Ohio Ry. Co., 844 F.2d 294 (6th Cir.), cert. denied, 488 U.S. 879, 109 S.Ct. 196, 102 L.Ed.2d 166 (1988); Croston v. Burlington Northern R.R. Co., 999 F.2d 381 (9th Cir.1993). [4]

American suggests that our reliance upon Lingle (an LMRA case) is insufficient because RLA pre-emption is broader than LMRA pre-emption. We do not agree. Some courts have noted that RLA pre-emption is broader than LMRA pre-emption because RLA pre-emption is statutory in origin while LMRA pre-emption is not. See, e.g., Grote v. Trans World Airlines, Inc., 905 F.2d 1307 (9th Cir.), cert. denied, 498 U.S. 958, 111 S.Ct. 386, 112 L.Ed.2d 397 (1990). [5] However, we concur with the Tenth Circuit’s conclusion that the distinctions between RLA preemption and LMRA pre-emption are irrelevant to the pre-emption inquiry in this case: whether Anderson’s state law claim requires an interpretation of the CBA. See Davies, 971 F.2d at 467 & n. 5.

We have turned to LMRA pre-emption cases because in Jones v. Roadway Express, Inc., 931 F.2d 1086 (5th Cir.1991), reh’g denied, 936 F.2d 789 (5th Cir.1991), we held that the LMRA did not pre-empt an article 8307c claim since the resolution of such a claim did not require an interpretation of the applicable collective bargaining agreement. We see no reason to reach a different result here when the question is whether the RLA pre-empts an article 8307c claim. As Judge Wiener succinctly concluded, “the basic issue in [an article 8307c claim] is whether a retaliatory discharge occurred. Resolution of this issue does not require an interpretation of the CBA.” Jones, 931 F.2d at 1090.

While the Jones court noted that “either party may still use the CBA to support the credibility of its claims,” such reliance does not show that an interpretation of the CBA is necessary to resolve Anderson’s claim. Id. In other words, although American may defend against Anderson’s article 8307c claim by arguing that its actions were justified by the CBA and its rules concerning the physical ability of employees to perform their duties, such reliance does not necessarily transform Anderson’s article 8307c claim[*597] into a claim that requires an interpretation of the CBA. [6]

American contends that since the CBA governs whether an employee is physically capable of performing his or her duties, the availability of reinstatement under article 8307c makes the resolution of an article 8307c claim dependent upon the CBA. American thus concludes that the RLA completely pre-empts Anderson’s article 8307c claim. However, the premise of American’s argument does not lead to the conclusion it seeks. Even if we were to hold that the RLA pre-empts reinstatement under article 8307c, we would not hold that the RLA preempts a claim for money damages under article 8307c. Thus, we cannot conclude that the RLA completely pre-empts an article 8307c claim. And without complete pre-emption, there is no federal question jurisdiction.

We therefore hold that since Anderson can obtain relief under article 8307c without an interpretation of the CBA the RLA does not completely pre-empt Anderson’s article 8307c claim. Hence, the RLA does not provide a basis for federal question jurisdiction over this suit.

C

The Aviation Act established a comprehensive scheme for federal regulation of the aviation industry. In 1978, Congress passed the Airline Deregulation Act (“ADA”) to amend the Aviation Act and deregulate certain aspects of the aviation industry. The ADA authorized the Department of Transportation to establish rules and regulations to “promote safety of flight of civil aircraft.” 49 U.S.C.App. § 1421(a). The ADA also expressly pre-empted the states from “enact[ing] or enforcing] any law ... relating to rates, routes, or services of any air carrier....” 49 U.S.C.App. § 1305(a)(1). American argues that this pre-emption clause preempts Anderson’s article 8307c claim because article 8307c “relates to” American’s “services” and the safety of those services.

The Supreme Court has held that the Aviation Act’s pre-emption clause pre-empts state laws that have “a connection with or reference to” airline rates, routes, or services. Morales v. Trans World Airlines, Inc., — U.S. -, -, 112 S.Ct. 2031, 2037, 119 L.Ed.2d 157 (1992). In Morales, the Court found that the ADA pre-empted states’ efforts use their consumer protection statutes to prohibit allegedly deceptive airline fare advertisements because this use of the state statutes related to airline fares. However, the Court cautioned that the pre-emptive sweep of section 1305(a)(1) was not infinite: “ ‘[S]ome state actions may affect [airline fares] in too tenuous, remote, or peripheral a manner’ to have pre-emptive effect.” Id. at -, 112 S.Ct. at 2040 (quoting Shaw v. Delta Air Lines, Inc., 463 U.S. 85, 100 n. 21, 103 S.Ct. 2890, 2901 n. 21, 77 L.Ed.2d 490 (1983)).

Following the Supreme Court’s cautionary note in Morales, we can safely conclude that the Aviation Act does not preempt a claim for money damages under article 8307c. Any effect that such a claim may have on American’s services is far too remote to trigger pre-emption. We need not consider whether the Aviation Act pre-empts the availability of reinstatement under article 8307c. Even if we were to hold that the Aviation Act (and the regulations promulgated under that Act to establish minimum requirements for certification of aircraft mechanics) pre-empts the availability of reinstatement under article 8307c because that remedy more directly “relates to” American’s services, we would not conclude that the Aviation Act completely pre-empts[*598] Anderson’s article 8307c claim because a claim for money damages would still be available.

The limited nature of the complete preemption doctrine further supports this conclusion. We have required there to be “a clearly manifested congressional intent to make state claims removable to federal court.” Beers v. North American Van Lines, Inc., 836 F.2d 910, 913 n. 3 (5th Cir.1988). We cannot find, that Congress clearly intended that the Aviation Act’s preemption clause makes Anderson’s state law claim for retaliation for filing a workers’ compensation claim removable to federal court. Thus, we cannot conclude that the Aviation Act completely pre-empts Anderson’s article 8307c claim.

We therefore hold that the Aviation Act does not completely pre-empt Anderson’s article 8307c claim and that the Aviation Act does not confer federal question jurisdiction over this suit.

D

Since we have found that neither the RLA nor the Aviation Act completely preempts Anderson’s state law- article 8307c claim, Anderson’s claim does not arise under federal law. Therefore, removal of this case was improper, and the district court lacked jurisdiction to hear it. Without jurisdiction, the district court had no power to render a judgment in this case. Hence, the judgment of the district court is REVERSED, and this suit is REMANDED with instructions to vacate the judgment and remand the case to the state court from which it was removed. See Jones, 931 F.2d at 1092.

1

. American does not assert that diversity jurisdiction exists.

2

. Other circuits have also held that employment disputes are minor only if they require interpretation of a collective bargaining agreement. See Davies, 971 F.2d at 468; Deford v. Soo Line R.R. Co., 867 F.2d 1080, 1085 (8th Cir.), cert. denied, 492 U.S. 927, 109 S.Ct. 3265, 106 L.Ed.2d 610 (1989).

3

. Furthermore, it is of no consequence that the facts that may be relevant to resolving a minor dispute under a collective bargaining agreement may be the same as the facts that may be relevant to resolving a state law claim. "[E]ven if dispute resolution pursuant to a collective bargaining agreement, on the one hand, and state law, on the other, would require addressing precisely the same set of facts, as long as the state-law claim can he resolved without interpreting the agreement itself, the [state law] claim is 'independent' of the agreement for § 301 preemption purposes.” Lingle, 486 U.S. at 409-410, 108 S.Ct at 1883-84.

4

. Other cases that American has cited in which courts have found that the RLA pre-empts state law claims are not to the contrary. For example, in Calvert v. Trans World Airlines, Inc., 959 F.2d 698 (8th Cir.1992), the Eighth Circuit found a claim for intentional infliction of emotional distress pre-empted by the RLA. However, the court concluded that the plaintiffs claim in that case arose out of and depended upon an "interpretation and application of the collective bargaining agreement.” Id. at 700.

5

. Even those courts recognize that in many cases the standards used to determine pre-emption are the same. In Croston v. Burlington Northern Railroad, the Ninth Circuit cited Grote's conclusion that RLA pre-emption was broader than LMRA pre-emption but then applied a test much like the one we use today. See 999 F.2d at 388 (analyzing related precedents to see if they "involve[d] interpretation" of a collective bargaining agreement); Id. at 388 n. 3 (stating that it was applying "at least the same standard [as Lingle ] for determining preemption under the RLA, i.e., whether resolving ... [the state claim] requires construing the collective bargaining agreement").

6

. Thus, Medrano v. Excel Corp., 985 F.2d 230 (5th Cir.), petition for cert. filed, 61 U.S.L.W. 3836 (U.S. June 7, 1993) (No. 92-1937), is distinguishable. In that case, we emphasized that Medrano’s claim was "not a typical straightforward case alleging a retaliatory discharge in violation of article 8307c.” Id. at 233. Instead, we confronted a situation in which Medrano’s article 8307c claim "clearly require[d] construing the CBA” because Medrano alleged that a provision of the CBA itself discriminated against employees who settled their workers’ compensation claims. Id. at 234. We therefore held that the LMRA pre-empted Medrano's claim. In the present case, however, Anderson’s complaint simply alleges that American retaliated against him because he filed a workers’ compensation case. This claim does not require interpretation of the CBA.