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Trollinger v. Tyson Foods, Inc.

Trollinger v. Tyson Foods, Inc.

United States Court of Appeals for the Sixth Circuit

December 11, 2003, Argued ; June 3, 2004, Decided ; June 3, 2004, Filed

No. 02-6020

Opinion

 [*605]   [***2]  SUTTON, Circuit Judge. At issue in this case is an application of the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. § 1961 et seq., to a wage-related dispute between Tyson Foods, Inc. and four of its employees. On behalf of themselves and a putative class of similarly-situated workers, the four employees [**2]  allege that Tyson violated RICO by engaging in a scheme with several employment agencies to depress the wages of Tyson's hourly employees by hiring illegal immigrants.

 [*606]  Soon after the action was filed, Tyson moved to dismiss the complaint under Federal Rule of Civil Procedure 12(b)(1) for lack of subject-matter jurisdiction, arguing that the National Labor Relations Act preempts the employees' RICO claims under the labor-preemption doctrine articulated in San Diego Building Trades Council v. Garmon, 359 U.S. 236, 3 L. Ed. 2d 775, 79 S. Ct. 773 (1959). Tyson also moved to dismiss the complaint under Rule 12(b)(6) for failure to state a claim, arguing (1) that plaintiffs lack statutory standing under RICO to pursue this case because any injury they suffered was derivative of an injury  [***3]  to their union, which served as plaintiffs' exclusive representative in negotiating wages, and (2) that Tyson's alleged misconduct did not proximately cause an injury to plaintiffs. The district court granted the Rule 12(b)(6) motion, denied the Rule 12(b)(1) motion, and dismissed the case with prejudice. Because we reject the application of Garmon  [**3]  preemption in this context and because we cannot say at this early stage in the case that the allegations in the complaint are insufficient as a matter of law to establish statutory standing, we reverse the district court's judgment.

One of the nation's largest poultry processors, Tyson Foods, Inc. employs more than 120,000 workers. Tyson's headquarters are in Springdale, Arkansas, and it has processing plants throughout the country. One of Tyson's plants is located in Shelbyville, Tennessee, a town of 15,000 people in middle Tennessee, approximately 50 miles southeast of Nashville.

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370 F.3d 602 *; 2004 U.S. App. LEXIS 10784 **; 2004 FED App. 0165P (6th Cir.) ***; 174 L.R.R.M. 3313; 149 Lab. Cas. (CCH) P10,347

Birda Trollinger; Robert Martinez; Tabetha Eddings and Doris Jewell, Plaintiffs-Appellants, v. Tyson Foods, Inc., Defendant-Appellee.

Subsequent History: Summary judgment denied by, On remand at Trollinger v. Tyson Foods, Inc., 2006 U.S. Dist. LEXIS 17448 (E.D. Tenn., Feb. 8, 2006)

Prior History:  [**1]  Appeal from the United States District Court for the Eastern District of Tennessee at Winchester. No. 02-00023. R. Allan Edgar, Chief District Judge.

Trollinger v. Tyson Foods, Inc., 214 F. Supp. 2d 840, 2002 U.S. Dist. LEXIS 15354 (E.D. Tenn., 2002)

Disposition: Reversed and remanded.

CORE TERMS

wages, district court, employees, collective bargaining agreement, plaintiffs', lawsuit, proximate cause, derivative, damages, illegal alien, negotiating, federal court, allegations, lack standing, speculative, predicate, preemption, preempted, hiring, bargaining, indictment, violations, federal district court, motion to dismiss, anti trust law, direct injury, state law, Relations, depressed, questions

Constitutional Law, Supremacy Clause, Federal Preemption, General Overview, Supreme Law of the Land, Civil Procedure, Responses, Defenses, Demurrers & Objections, Motions to Dismiss, Labor & Employment Law, Collective Bargaining & Labor Relations, Administrative Law, Separation of Powers, Primary Jurisdiction, Antitrust & Trade Law, Procedural Matters, Jurisdiction, Exclusive Jurisdiction, Subject Matter Jurisdiction, Jurisdiction Over Actions, Unfair Labor Practices, Enforcement of Bargaining Agreements, Governments, Legislation, Interpretation, Federal Government, Claims By & Against, Torts, Rail Transportation, Theories of Liability, Federal Employers' Liability Act, Transportation Torts, Business & Corporate Compliance, Employer Violations, Interference With Protected Activities, Private Actions, Racketeer Influenced & Corrupt Organizations, Criminal Law & Procedure, Racketeering, Racketeer Influenced & Corrupt Organizations Act, Jurisdiction, Penalties, Immigration Law, Enforcement of Immigration Laws, Employer Liabilities & Obligations, Miscellaneous Offenses, Harboring & Transporting Illegal Aliens, Elements, Federal Preemption, Primacy of Labor Policy, Justiciability, Standing, Preliminary Considerations, Commercial Law (UCC), Sales (Article 2), Remedies, Causation, Proximate Cause, Pleadings, Complaints, Requirements for Complaint, Pleading & Practice, Rule Application & Interpretation, Motions to Dismiss, Failure to State Claim, Dismissal, Involuntary Dismissals, Failure to State Claims, Purchasers, Direct Purchasers, Indirect Purchasers, Employment Relationships, Employment Contracts, Breaches