Facts

Brenda Carlsen sued Stanford University, in regards to a labor dispute.

PLAINTIFF'S CONTENTIONS:
Plaintiff's husband was formerly employed by defendant. Plaintiff sued defendant for loss of consortium in connection with her husband's alleged wrongful termination in violation of public policy, for whistleblowing.

DEFENDANT'S CONTENTIONS:
Defendant alleged that plaintiff's lawsuit was identical to her husband's lawsuit, which alleged breach of a collective agreement. Defendant argued that plaintiff's lawsuit, like that of her husband's, was preempted by the Labor Management Relations Act and should be dismissed on that basis.

Result

The court agreed with Stanford and dismissed Carlsen's complaint, which it found was preempted by the LMRA, and that her claim was barred by res judicata.

Other Information

Plaintiff and her husband have appealed to the Ninth Circuit Court of Appeals, where both cases have now been fully briefed. FILING DATE: Oct. 11, 2013.