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Wynn v. AC Rochester

Plaintiff's allegation that employer fraudulently misrepresented unemployment benefits available under CBA did not require interpretation of CBA and thus could not invoke district court jurisdiction via LMRA preemption.

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Argued: October 18, 2001

Plaintiff-Appellant James I. Wynn, pro se, appeals the dismissal of his fraud claim by summary judgment on August 26, 1999, in the United States District Court for the Western District of New York (David G. Larimer, Chief Judge). The District Court exercised jurisdiction over the case because it found plaintiff’s claims involved interpretation of a collective bargaining agreement, preempting plaintiff’s state law claims and providing a basis for federal jurisdiction under � 301 of the Labor Management Relations Act, 29 U.S.C. � 185. We vacate the District Court’s judgment because the federal court did not have subject matter jurisdiction to hear the case, as the fraud claim did not require interpretation of the collective bargaining agreement.

Vacated and remanded, with instructions to remand to state court.

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