Breach of Contract Cases

Motion to dismiss Civ.R. 12(B)(1) subject matter jurisdiction de novo review State Employment Relations Board exclusive jurisdiction R.C. Chapter 4117 collective bargaining agreement final and binding arbitration exclusive remedy claims arising from or depending on collective bargaining agreement breach of contract terms and conditions of employment. The claims raised in the instant matter do not fall outside the scope of the collective bargaining agreement, and thus the only remedy available to appellant was through the appropriate grievance procedure. The trial court properly found that it lacked subject-matter jurisdiction over appellant's claims.

Motion for judgment on the pleadings Civ.R. 12(C) breach of contract constitutional rights federal preemption declaratory judgment. Plaintiff filed this claim against defendant following misconduct proceedings based on his research practices and the non-disciplinary actions that resulted. The court found that plaintiff failed to state a claim for breach of contract because consulting income was not addressed in anything plaintiff submitted that could be his employment contract. Further, the court determined that the issue of how the proceedings were handled was preempted by federal law. The court found that it did not have jurisdiction over plaintiff's constitutional claims. Finally, the court determined that because plaintiff's claims for declaratory relief were subsumed into plaintiff's contract claim, that claim must fail as well. Therefore, the court granted defendant's motion for judgment on the pleadings and plaintiff's claim was dismissed.

Contract Interlocutory appeal Interlocutory order Wage and Hour Act Unjust enrichment Jurisdiction Substantial right Inconsistent verdicts Two trials Alternative pleading Corporation Individual Employee Person N.C. Gen. Stat. § 95-25.