Friend v. National Postal Mail Handlers Union
Published: Dec. 15, 2017 | Result Date: Nov. 7, 2017 |Case number: 5:15-cv-04506-HRL Bench Decision – Defense
Judge
Court
USDC Northern District of California
Attorneys
Plaintiff
Clark James Wilkes
(Baker Botts LLP )
Amy K. Liang
(Baker Botts LLP)
Cynthia Jo Cole
(Baker Botts LLP)
Defendant
Christopher Eugene Platten
(Wylie McBride Platten & Renner )
Joshua Aaron Segal
(Bredhoff and Kaiser PLLC )
Bruce Lerner
(Bredhoff and Kaiser PLLC )
Facts
Jeffrey Friend sued National Postal Mail Handlers Union.
Contentions
PLAINTIFF'S CONTENTIONS: Friend contended that National breached the duty of fair representation because it was vicariously liable for a union's breach of the duty of fair representation.
DEFENDANTS’ CONTENTIONS: National moved to dismiss Friend’s complaint arguing that Friend failed to state facts to support his claim against National.
Result
National’s motion to dismiss was granted without leave to amend. The court found that Friend merely presented evidence showing that National and the union were affiliated and provided no facts showing that National was vicariously or directly liable for the union’s alleged breach of duty.
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