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Van Court v. American Postal Workers Union, New Orleans Local 83
Citation: 99 F. App'x 562Docket: No. 03-30900
Court: Court of Appeals for the Fifth Circuit; June 4, 2004; Federal Appellate Court
Norman Van Court, Jr. appeals the dismissal of his suit by the district court under Fed. R. Civ. P. 12(b)(6) for failure to state a claim. He contends that the court incorrectly found his state-law claims were preempted by federal law and that his suit was not timely filed. A de novo review was conducted regarding the dismissal. The court upheld the district court's finding that Van Court's state-law claims were preempted by federal law, as they stemmed from allegations that the defendants failed to diligently represent him, which is interpreted as a breach of the duty of fair representation (DFR). Claims of DFR are governed by federal law, thus preempting any state-law claims. Additionally, the resolution of these claims requires analysis of a collective bargaining agreement (CBA), further confirming their preemption under federal law. The court also affirmed the district court's conclusion that Van Court’s suit was untimely. The six-month statute of limitations established in DelCostello v. Int’l Bhd. of Teamsters applies, and Van Court's decision not to sue his employer does not negate this limitation. Ultimately, the court found no error in the district court's judgment, leading to an affirmation of the dismissal. The opinion is designated as non-precedential except under specific circumstances outlined in the local rules.