In the United States Supreme Court case of United Construction Workers et al. v. Laburnum Construction Corp., the court upheld a Virginia state court's decision to award damages to Laburnum Construction Corporation, which had been subjected to violent acts and threats by union members during a labor dispute in 1949. The defendants argued that federal law preempted state tort law in this area, but the Supreme Court disagreed, stating that states have jurisdiction over such cases when they involve violence or threats of violence. This ruling affirmed that while peaceful picketing and strikes are protected activities under federal labor laws, violent actions are not shielded from liability under state tort laws.

In the dissenting opinion for United Construction Workers et al. v. Laburnum Construction Corp., Justice Black argued that the majority's decision to allow state courts to award damages for union activities protected by federal law was a violation of constitutional principles and could potentially undermine labor rights. He contended that Congress, through its enactment of the National Labor Relations Act (NLRA), had intended to create a uniform national policy on labor relations, which should preclude states from imposing their own restrictions or penalties on union activity. By allowing Virginia courts to impose tort liability on unions for peaceful picketing and other lawful actions, he believed that the Court was effectively permitting states to interfere with federally-protected rights in contravention of congressional intent. Furthermore, Justice Black expressed concern about potential chilling effects this ruling might have on future union activities due its broad interpretation of what constitutes "coercion" under Virginia law.