When can a claim for intentional infliction of emotional distress be successful?

MultiRegion, United States of America

The following excerpt is from Howerton v. EarthGrains Baking Cos., Inc., Case No. 1:13-cv-01397-AWI-SMS (E.D. Cal. 2013):

"Claims for intentional infliction of emotional distress are frequently preempted by section 301." Milne Employees Ass'n v. Sun Carriers, Inc, 960 F.2d 1401, 1412 (9th Cir. 1991), cert. denied, 508 U.S. 959 (1993). "When the [collective bargaining

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