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Dent V. Nfl Lmra 301 Preemption – The Ninth Circuit Court Of Appeals Throws A Penalty Flag On The Nfl, Justin C. Trimachi

Golden Gate University Law Review

Part I of this Note will discuss the procedural history of the case, the Ninth Circuit’s application of the two-pronged test to determine if LMRA 301 preempted the players’ state-law claims, the facts of Dent v. NFL, and finally a brief history of the NFL and its usage of CBAs. Part II will give a brief overview of the Supreme Court’s development of LMRA 301 jurisprudence as well as its rulings on when LMRA 301 should preempt state-law tort claims. Part III will discuss the decisions by the Eighth Circuit in Williams and by the Eleventh Circuit in Atwater. Part …