New Ninth Circuit UCL preemption decision: Burnside v. Kiewit Pacific Corp.

In Burnside v. Kiewit Pacific Corp., ___ F.3d ___, 2007 WL 1760747 (9th Cir. Jun 20, 2007), the Ninth Circuit held that section 301 of the Labor Management Relations Act (29 U.S.C. § 185(a)) did not preempt the plaintiffs' UCL and other claims. Accordingly, it reversed the district court's order granting summary judgment in the defendants' favor, and ordered the case remanded to San Diego County Superior Court (from which it had been removed).