United Food and Commercial Workers International Union; Organization United for Respect at Walmart (“our Walmart”)…

Summary

The court held that the National Labor Relations Act did not preempt Walmart’s state-law trespass action because the state-court controversy concerned trespass and possession, whereas the potential labor-board controversy concerned unfair labor practices. It also held that Walmart could assert trespass based on demonstrators’ presence in common areas subject to nonexclusive easements, but concluded that the injunction and declaration prohibiting all non-shopping activity were impermissibly broad. The court affirmed the judgment as modified by limiting the prohibited conduct to specified activities shown to cause irreparable harm. Justice Goodson, concurring, would affirm on law-of-the-case grounds without reaching preemption’s merits, while Justice Hart, concurring in part and dissenting in part, would remand for the circuit court to narrow the injunction.