PERRY

v.

PRUDENTIAL-BACHE SECURITIES, INC.

Citator

Cited By

• Capraro v. United Parcel Serv. Co., 993 F.2d 328 (3d Cir. 1993)
  …at of other Courts of Appeals which have held that the RLA preempts "garden variety” common law tort claims arising in the context of an allegedly wrongful discharge, see, e.g., Grote v. Trans World Airlines, 905 F. 2d 1307 (9th Cir.), cert. denied, 498 U.S. 958, 111 S.Ct. 386, 112 L.Ed.2d 397 (1990) (preemption of claims of infliction of emotional distress, wrongful termination, breach of contract, and defamation); Choate v. Louisville & Nashville R.R., 715 F. 2d-369 (7th Cir.1983) (preemption of inflictio…
• Resolution Tr. Corp. for Standard Fed. Sav. & Loan Ass'n v. Stone, 998 F.2d 1534 (10th Cir. 1993)
  …ng whether an instrument denominated a note is a security. Under the Reves I test, we begin with the presumption that the EARs, as notes, are securities. Id.; Holloway v. Peat, Marwick, Mitchell & Co., 900 F. 2d 1485, 1487 (10th Cir.), cert. denied, 498 U.S. 958, 111 S.Ct. 386, 112 L.Ed.2d 396 (1990). However, because Congress was concerned with regulating the investment market, rather than creating a general federal cause of action for fraud, our inquiry does not end there. See Reves I, 494 U.S. at 65, 110…
• Pa. Fed'n OF the Bhd. OF Maint. OF WAY Emps. v. Nat'l R.R. Passenger Corp. ("AMTRAK") Pa. Fed'n of the Bhd. of Maint. of Way Emps. & Vincent Bennett, 989 F.2d 112 (3d Cir. 1993)
  …s difference is not significant in our case because if anything preemption is broader under the Railway Labor Act. See Andrews, 406 U.S. at 323, 92 S.Ct. at 1565; Grote v. Trans World Airlines, Inc., 905 F. 2d 1307, 1309-10 (9th Cir.), cert. denied, 498 U.S. 958, 111 S.Ct. 386, 112 L.Ed.2d 397 (1990). . Appellants argue that their claims should be treated separately because BMWE is suing on behalf of its members, while Bennett is suing as an individual. We see no merit tovthis contention which in any event…