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Failure to State Claim

By: Derek Hawkins//February 10, 2020//

Failure to State Claim

By: Derek Hawkins//February 10, 2020//

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7th Circuit Court of Appeals

Case Name: Osama Taha v. International Brotherhood of Teamsters, Local 781

Case No.: 19-1085

Officials: SYKES, HAMILTON, and BRENNAN, Circuit Judges.

Focus: Failure to State Claim

Federal law imposes a duty on unions to fairly represent all employees in their bargaining units. Osama Taha sued his union, arguing it breached that duty after his employer fired him for abandoning his job. Although the union grieved Taha’s firing, he alleges it did so unfairly. He also contends the union wrongfully shut down his grievance process. The district court dismissed Taha’s second amended complaint for failure to state a claim, finding it gave no details to support any allegation of unlawful union conduct. Our review compels the same conclusion. Because Taha’s complaint fails to state a plausible claim for relief, we affirm.

Affirmed

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.

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