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

NLRB v. Noel Canning: confirmation that no brief in opposition to certiorari will be filed

by Keith R. Fisher | Ballard Spahr LLP on 5/24/2013

Based on a Reuters article quoting counsel for Noel Canning, Gary Lofland, I had previously indicated that the Respondent would not oppose certiorari in the case. ...more

No Opposition Expected to SG’s Certiorari Petition in Noel Canning

by Keith R. Fisher | Ballard Spahr LLP on 5/21/2013

As we reported earlier, the Solicitor General of the United States (SG) has filed in the U.S. Supreme Court a petition for a writ of certiorari to the U.S. Court of Appeals for the District of Columbia Circuit in Noel Canning...more

Third Circuit Holds Another Recess Appointment Unconstitutional: Implications for the CFPB

by Michael Mallow, Michael Thurman | Loeb & Loeb LLP on 5/20/2013

Just two months after the District of Columbia Circuit Court of Appeals ruled in Canning v. National Labor Relations Board that President Barack Obama's January 2012 appointment of three new members of the National Labor...more

Second Appellate Court Holds NLRB Recess Appointments Unconstitutional

by Denise Keyser, Mark Kowal | Ballard Spahr LLP on 5/20/2013

Yesterday, in NLRB v. New Vista Nursing and Rehabilitation, the U.S. Court of Appeals for the Third Circuit became the second circuit to hold that intrasession recess appointments violate the Recess Appointments Clause (RAC)...more

Third Circuit Holds Craig Becker’s NLRB Recess Appointment Unconstitutional

by Morgan Lewis on 5/20/2013

A second federal appellate court holds that President Obama's NLRB recess appointments were invalid and potentially calls into question every Board decision since March 2010....more

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

Home

Legal News

Find a Lawyer

Browse Subjects

Subscribe

Pro Services

For Reporters

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