Civil Procedure Keyed to Marcus
Wigglesworth v. Teamsters Local Union No. 592
Plaintiff filed a complaint against the Defendant alleging that the union and its president violated certain rights as protected by the Act. Specifically, the complaint alleges that Plaintiff was prevented from exercising his right to freedom of speech and denied his request to have union membership informed of their rights as required by the Act. The Defendants then filed a counterclaim against Plaintiffs, alleging that Plaintiff called a press conference at which he accused the union of being dominated by the mafia, and that past local union elections were fixed. Defendants claim that these actions constituted libel and slander. Plaintiff filed a Motion to Dismiss the counterclaim for lack of subject matter jurisdiction. There is no diversity of citizenship between the parties, and jurisdiction is founded solely on 42 U.S.C. Section: 412.
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