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Atwater v. Nat'l. Football League Players Ass'n., No. 09-12556

By FindLaw Staff on November 24, 2010 10:20 PM

Action Concerning Financial Advice to NFL Players

In Atwater v. Nat'l. Football League Players Ass'n., No. 09-12556, an action by former NFL players claiming that the NFL performed an inadequate investigation of financial advisors with whom the players invested, the court affirmed partial summary judgment for defendants where section 301 of the Labor-Management Relations Act preempted plaintiffs' state-law claims.

  • As the court wrote:  "The dispositive question presented by this appeal is whether § 301 of the Labor-Management Relations Act ("LMRA"), 29 U.S.C. § 185, preempts Plaintiffs' state-law claims asserted against the National Football League ("NFL") and the National Football League Players' Association ("NFLPA").   Because Plaintiffs' claims arise from or are substantially dependent upon an interpretation of the terms of a collective bargaining agreement ("CBA"), we conclude those claims are preempted."

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