state tort claim (Ohio) · Go Syfert
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state tort claim in Ohio

5 Ohio opinions name it 2 courts 1987–2024 2 in the last five years

The cases below were cited by Ohio courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
Geier v. American Honda Motor Co.green
scotus · 2000 · cited in 2 Ohio opinions naming this issue, 2024–2024
2 sentences

2024Id. at 881.

2024Id. {¶ 48} Finally, the United States Supreme Court has found obstacle preemption when a state law would impede the vindication of a federal right.

12
Allis-Chalmers Corp. v. Lueckgreen
scotus · 1985 · cited in 2 Ohio opinions naming this issue, 1987–1989
2 sentences

1989The last factor relied on by the trial court was that the action was preempted by Section 301(a) of the Labor Management Relations Act (Section 185[a], Title 29, U.S.Code), in that: “ ‘Suits for violation of contracts between an employer and a labor organization representing employees in an industry affecting commerce as defined in this chapter, or between any such labor organizations, may be brought in any district court of the United States having jurisdiction of the parties, without respect to the amount in controversy or without regard to the citizenship of the parties.’ “Federal case law

1989The last factor relied on by the trial court was that the action was preempted by Section 301(a) of the Labor Management Relations Act (Section 185[a], Title 29, U.S.Code), in that: “ ‘Suits for violation of contracts between an employer and a labor organization representing employees in an industry affecting commerce as defined in this chapter, or between any such labor organizations, may be brought in any district court of the United States having jurisdiction of the parties, without respect to the amount in controversy or without regard to the citizenship of the parties.’ “Federal case law

12
Frances S. Hodges v. Delta Airlines, Inc.green
ca5 · 1993 · cited in 1 Ohio opinions naming this issue, 2014–2014
1 sentence

2014In Hodges, the Fifth Circuit held that the ADA did not preempt a state tort claim against Delta Airlines for negligently allowing storage of a box in an overhead compartment because that storage was not an element “of the air carrier service bargain * * * such as ticketing, boarding procedures, provision of food and drink, and baggage handling, in addition to the transportation itself.” Id. at 336 , quoting Hodges v. Delta Airlines, Inc., 4 F.3d 350, 354 (5th Cir. 1993).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Ohio. Read the followed side critically anyway.

Also cited on this issue (5)

CaseCitedYears
Hodges v. Delta Airlines, Inc. green
ca5 · 1994
1 sentence

2014In Hodges, the Fifth Circuit held that the ADA did not preempt a state tort claim against Delta Airlines for negligently allowing storage of a box in an overhead compartment because that storage was not an element “of the air carrier service bargain * * * such as ticketing, boarding procedures, provision of food and drink, and baggage handling, in addition to the transportation itself.” Id. at 336 , quoting Hodges v. Delta Airlines, Inc., 4 F.3d 350, 354 (5th Cir. 1993).

12014–2014
Welsh v. United Parcel Service, Inc. neutral
ohioctapp · 1987
2 sentences

1989The last factor relied on by the trial court was that the action was preempted by Section 301(a) of the Labor Management Relations Act (Section 185[a], Title 29, U.S.Code), in that: “ ‘Suits for violation of contracts between an employer and a labor organization representing employees in an industry affecting commerce as defined in this chapter, or between any such labor organizations, may be brought in any district court of the United States having jurisdiction of the parties, without respect to the amount in controversy or without regard to the citizenship of the parties.’ “Federal case law

1989The last factor relied on by the trial court was that the action was preempted by Section 301(a) of the Labor Management Relations Act (Section 185[a], Title 29, U.S.Code), in that: “ ‘Suits for violation of contracts between an employer and a labor organization representing employees in an industry affecting commerce as defined in this chapter, or between any such labor organizations, may be brought in any district court of the United States having jurisdiction of the parties, without respect to the amount in controversy or without regard to the citizenship of the parties.’ “Federal case law

11989–1989
Betty Moore v. General Motors Corporation green
ca8 · 1984
1 sentence

1987Allis-Chalmers Corp. v. Lueck (1985), 471 U.S. 202 ; Martin v. Associated Truck Lines, Inc. (C.A. 6, 1986), 801 F. 2d 246 ; Bell v. Gas Service Co. (C.A. 8, 1985), 778 F. 2d 512 ; Moore v. General Motors Corp. (C.A. 8, 1984), 739 F. 2d 311 .

11987–1987
Eleanor M. Bell v. Gas Service Company green
ca8 · 1985
1 sentence

1987Allis-Chalmers Corp. v. Lueck (1985), 471 U.S. 202 ; Martin v. Associated Truck Lines, Inc. (C.A. 6, 1986), 801 F. 2d 246 ; Bell v. Gas Service Co. (C.A. 8, 1985), 778 F. 2d 512 ; Moore v. General Motors Corp. (C.A. 8, 1984), 739 F. 2d 311 .

11987–1987
Martin v. Associated Truck Lines, Inc. green
ca6 · 1986
1 sentence

1987Allis-Chalmers Corp. v. Lueck (1985), 471 U.S. 202 ; Martin v. Associated Truck Lines, Inc. (C.A. 6, 1986), 801 F. 2d 246 ; Bell v. Gas Service Co. (C.A. 8, 1985), 778 F. 2d 512 ; Moore v. General Motors Corp. (C.A. 8, 1984), 739 F. 2d 311 .

11987–1987

Where else courts name it

CA 15 (1983–2022) IL 14 (1986–2026) MN 8 (1975–2016) LA 8 (1987–2004) TX 8 (1996–2015) MS 7 (1999–2012) WA 6 (1989–2012) OH 5 (1987–2024) IA 5 (1985–2018) OK 5 (1990–2018) NM 4 (2001–2015) CT 4 (1997–2014) KS 4 (1993–2013) PA 4 (1995–2025) NC 4 (2001–2010) WI 3 (1984–2009) AZ 3 (1986–2019) NY 3 (1989–2023) MA 2 (1982–2023) WV 2 (1985–2009) MT 2 (1992–2002) MD 2 (1977–1992) AL 2 (1996–2003) MO 2 (1995–1996)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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