Civil Procedure, Labor & Employment Law, Election & Politics Law

Third Circuit Invalidates President Obama’s Appointment Of Former NLRB Member Becker; Becomes Second Appellate Court To Rule NLRB...

by Doug Hass, Christopher A. Johlie | Franczek Radelet P.C. on 5/17/2013

In late January, the D.C. Circuit ruled in Noel Canning that President Barack Obama’s January 2012 recess appointments of Members Richard Griffin, Terrence Flynn (who has since resigned), and Sharon Block to the National...more

Third Circuit Sides With D.C. Circuit’s Determination That Recess Appointments Are Unconstitutional

by Matthew J. Kelley | Ogletree, Deakins, Nash, Smoak & Stewart,... on 5/17/2013

Today, in a 102-page decision, the Third Circuit Court of Appeals dealt the National Labor Relations Board (NLRB) a significant blow and gave employers another victory in their attempts to have President Obama’s recess...more

Third Circuit Holds Former NLRB Member Becker’s Recess Appointment Invalid, Vacates NLRB Decision Made In August, 2011

by Ronald Meisburg | Proskauer - Labor Relations on 5/17/2013

The United States Court of Appeals for the Third Circuit has held that the President’s recess appointment power is limited to intersession recesses, i.e., those recesses which occur (if they occur at all) between sessions of...more

Labor Letter, May 2013: The NLRB's Quorum Quandary

by Laurel Cornell, Erin Sweeney | Fisher & Phillips LLP on 5/10/2013

The ongoing saga over composition of the National Labor Relations Board took several twists last month, and uncertainty continues to swirl around the agency’s authority to do business. As of today, the Board consists of...more

More Controversy With the National Labor Relations Board

by Eric Holshouser | Fowler White Boggs P.A. on 5/9/2013

On January 25, 2013, the United States Court of Appeals for the District of Columbia in Noel Canning v. NLRB held that National Labor Relations Board (“NLRB”) orders issued since January 2, 2012 are unenforceable....more

The S.G.’s Cert. Petition in Noel Canning; No Opposition Will Be Filed

by Keith R. Fisher | Ballard Spahr LLP on 5/7/2013

As reported in last week’s news flash, the Solicitor General (S.G.), as expected, has, on behalf of the NLRB, filed in the Supreme Court a petition for a writ of certiorari to the D.C. Circuit in the Noel Canning case. As we...more

Obama Administration Seeks Supreme Court Review Of Recess Appointment Decision

by BuckleySandler LLP on 5/1/2013

On April 25, the DOJ and the National Labor Relations Board (NLRB) filed a petition seeking U.S. Supreme Court review of the D.C. Circuit Court’s January 25, 2013 decision invalidating the appointment of three NLRB members....more

NEWS FLASH: Government seeks Supreme Court review of D.C. Circuit’s Noel Canning decision

by Keith R. Fisher | Ballard Spahr LLP on 4/26/2013

A petition for certiorari seeking review of the D.C. Circuit’s January 2013 decision in Noel Canning vs. NLRB has been filed in the U.S. Supreme Court. That decision, which we have blogged about before, held that President...more

U.S. Government Remains Firm on “Deferred Action” Despite Suit to Shut It Down

by Ronald Shapiro on 4/19/2013

On Monday of this week, U.S. District Court Judge Reed O’Connor held a hearing on a Complaint filed by U.S. Customs and Immigration Enforcement (“ICE”) agents who are challenging the federal “deferred action” program...more

Court Clears Way For Case Against CalPERS, Judicial Council & Prison Healthcare Receiver

by Keith Paul Bishop | Allen Matkins Leck Gamble Mallory & Natsis... on 3/27/2013

Nearly two years ago, Mr. Daniel E. Francis filed a petition for writ of mandamus against CalPERS and other based on allegations that the penstion fund had laundered the salary of the receiver appointed by the U.S. District...more

NLRB to Appeal Noel Canning Decision Directly to U.S. Supreme Court

by John T. Merrell | Ogletree, Deakins, Nash, Smoak & Stewart,... on 3/14/2013

The National Labor Relations Board (NLRB) issued a short statement on March 12, 2013, indicating its intention to file a petition for certiorari with the United States Supreme Court seeking review of the U.S. Court of Appeals...more

NLRB Appeals Noel Canning Decision To The Supreme Court

by Doug Hass | Franczek Radelet P.C. on 3/13/2013

As we discussed at the end of January, in Noel Canning, the D.C. Circuit ruled that the recess appointments of Members Richard Griffin, Terrence Flynn (who has since resigned), and Sharon Block to the NLRB were...more

NLRB Will Ask Supreme Court To Affirm Board Members

by Peter Felsenfeld | Barger & Wolen on 3/13/2013

The National Labor Relations Board (“NLRB”) announced today that it would ask the U.S. Supreme Court to review a federal court ruling that invalidated the appointment of three members and put hundreds of mostly pro-union...more

NLRB passes on rehearing in Canning and will file certiorari petition

by Alan S. Kaplinsky | Ballard Spahr LLP on 3/13/2013

The National Labor Relations Board announced that it has decided not to seek a rehearing of the D.C. Circuit’s January 2013 decision in Canning v. NLRB. Instead, the NLRB, in consultation with the Department of Justice, plans...more

Update: NLRB Seeks U.S. Supreme Court Review Of Recess Appointments

by Mark Theodore | Proskauer - Labor Relations on 3/13/2013

The NLRB announced today that the agency would seek U.S. Supreme Court review of the D.C. Circuit decision in Noel Canning, which ruled that the President’s recess appointments made last year (and perhaps in the years prior)...more

Contributions To Arbitrator’s Judicial Campaign Are Not Enough To Establish “Evident Partiality”

by Liz Kramer | Leonard, Street and Deinard - Arbitration... on 3/13/2013

The Third Circuit refused to vacate an arbitrator’s award, despite allegations that she failed to disclose contributions the defendant’s parent company had made to her judicial campaign and failed to disclose that she...more

Will New U.S. Court Of Appeals Decision On ‘Recess Appointments’ Stay Dodd-Frank Powers Granted To CFPB And Vacate Certain...

by Gary Apfel, Richard Eckman, Timothy R. McTaggart, Matthew R. Silver, Richard Zack | Pepper Hamilton LLP on 3/5/2013

Holding that recess appointments authorized by the Recess Appointments Clause of the U.S. Constitution are limited to “intersession recesses” – “the period between sessions of the Senate when the Senate is by definition not...more

How Graphics Help the President Persuade and Can Help Attorneys Too

by Cogent Legal on 2/19/2013

In this post, I show some examples from the State of the Union Address that might help attorneys improve their own use of charts and graphs in litigation. Visualizing and presenting data in an engaging, persuasive way is...more

Bill on Bankruptcy: Patriot Coal Case Kicked From Manhattan To St. Louis [Video]

by Bloomberg Law on 11/29/2012

Nov. 29 (Bloomberg Law) -- The decision sending the Patriot Coal Corp. reorganization to St. Louis will focus debate on the near impossibility of convincing a judge in New York or Delaware to send a bankruptcy somewhere else,...more

Can Your Ethics Officer Sue Your Lawyer?

by Sedgwick LLP on 9/20/2012

Our preview of the September term of the Illinois Supreme Court continues with Ferguson v. Georges, a case which might prove to have important implications for Illinois political ethics law....more

Airline Management Newsletter -- August 8, 2012

by FordHarrison on 8/9/2012

In This Issue: Court Blocks Election at American Airlines; NMB Clarifies Run-Off Election Rule; Pilot Required to Arbitrate FMLA Claims; Airline Did Not Regard Employee as Disabled under the ADA; and Recent NMB Results -...more

Public Employment Relations Board Has Jurisdiction Over Question Of Whether City Was Required To Meet And Confer Before Placing...

by Kronick, Moskovitz, Tiedemann & Girard on 8/7/2012

A court of appeal recently held that a trial court erred in staying the administrative proceedings before the Public Employment Relations Board (“PERB”) that involved an unfair practices charge. The charge was brought by a...more

NLRB's Efforts To Advance Ambush Election Rules Rebuffed, Again

by Proskauer - Labor Relations on 7/30/2012

If only everyone had just showed up and voted we wouldn't be in this mess. As previously reported, the NLRB's attempt to promulgate the so-called ambush election rules was dealt a setback when a federal district court ruled...more

Opting Out: Supreme Court Holds Public Sector Unions Cannot Force Non-Members to Pay Agency Fees Subsidizing Political Speech

by Littler on 6/26/2012

On June 20, 2012, the U.S. Supreme Court issued its anticipated opinion in Knox v. Service Employees International Union, Local 1000, No. 10-1121. Building on precedent establishing that public sector union fees levied on...more

Supreme Court Holds that Public Sector Unions Must Provide Nonmembers Notice and Opportunity to Opt Out of Special Assessments or...

by FordHarrison on 6/22/2012

Executive Summary: Calling the SEIU's "aggressive use of power to collect fees from nonmembers indefensible," the U.S. Supreme Court, in a 7-2 decision, has held that the union violated the First Amendment by not sending a...more

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Civil Procedure › Labor & Employment Law › Election & Politics Law

Third Circuit Invalidates President Obama’s Appointment Of Former NLRB Member Becker; Becomes Second Appellate Court To Rule NLRB...

Third Circuit Sides With D.C. Circuit’s Determination That Recess Appointments Are Unconstitutional

Third Circuit Holds Former NLRB Member Becker’s Recess Appointment Invalid, Vacates NLRB Decision Made In August, 2011

Labor Letter, May 2013: The NLRB's Quorum Quandary

More Controversy With the National Labor Relations Board

The S.G.’s Cert. Petition in Noel Canning; No Opposition Will Be Filed

Obama Administration Seeks Supreme Court Review Of Recess Appointment Decision

NEWS FLASH: Government seeks Supreme Court review of D.C. Circuit’s Noel Canning decision

U.S. Government Remains Firm on “Deferred Action” Despite Suit to Shut It Down

Court Clears Way For Case Against CalPERS, Judicial Council & Prison Healthcare Receiver

NLRB to Appeal Noel Canning Decision Directly to U.S. Supreme Court

NLRB Appeals Noel Canning Decision To The Supreme Court

NLRB Will Ask Supreme Court To Affirm Board Members

NLRB passes on rehearing in Canning and will file certiorari petition

Update: NLRB Seeks U.S. Supreme Court Review Of Recess Appointments

Contributions To Arbitrator’s Judicial Campaign Are Not Enough To Establish “Evident Partiality”

Will New U.S. Court Of Appeals Decision On ‘Recess Appointments’ Stay Dodd-Frank Powers Granted To CFPB And Vacate Certain...

How Graphics Help the President Persuade and Can Help Attorneys Too

Bill on Bankruptcy: Patriot Coal Case Kicked From Manhattan To St. Louis [Video]

Can Your Ethics Officer Sue Your Lawyer?

Airline Management Newsletter -- August 8, 2012

Public Employment Relations Board Has Jurisdiction Over Question Of Whether City Was Required To Meet And Confer Before Placing...

NLRB's Efforts To Advance Ambush Election Rules Rebuffed, Again

Opting Out: Supreme Court Holds Public Sector Unions Cannot Force Non-Members to Pay Agency Fees Subsidizing Political Speech

Supreme Court Holds that Public Sector Unions Must Provide Nonmembers Notice and Opportunity to Opt Out of Special Assessments or...

Bill on Bankruptcy: Patriot Coal Case Kicked From Manhattan To St. Louis [Video]

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