Originally Posted by Vis
The CBA argument isn't on the merits of the claim at all. It's an attempt not to reach the merits.
Well - that is sort of what dispositive motions are intended to achieve - as you well know, just because a defendant is seeking to dismiss a case on a premption argument does not mean it otherwise is liable for the alleged misconduct
. Stringer v. NFL, et al.
, 474 F.Supp.2d 894, 915 fn. 11 (S.D. Ohio 2007) ("Nothing in this opinion should be construed as indicative of the Court's views concerning the ultimate merits of these claims.")