Topic
Every decision we've filed under Labor.
The Eighth Circuit affirmed a district court ruling that General Electric qualified for an exemption from multiemployer pension withdrawal liability. The court resolved a statutory ambiguity regarding how to count employees in the building and construction industry under the MPPAA.
The Ninth Circuit affirmed the district court's denial of a motion to set aside a default judgment. The appellate panel found the defendant engaged in culpable conduct and failed to preserve a meritorious defense for appeal.
The United States Court of Appeals for the Ninth Circuit affirmed the dismissal of a pro se lawsuit challenging a labor union's actions and the National Labor Relations Board's General Counsel. The court held that the plaintiff failed to state valid claims regarding the duty of fair representation, First Amendment violations, and the General Counsel's authority.
The United States Court of Appeals for the Federal Circuit affirmed in part and vacated in part a Merit Systems Protection Board decision regarding damages for a federal employee's unlawful removal. The court remanded the case to resolve conflicting factual findings about reinstatement and back pay eligibility in a consolidated proceeding.
The United States Court of Appeals for the Federal Circuit affirmed the Merit Systems Protection Board's decision in a federal employment dispute. The court issued a nonprecedential per curiam judgment without providing detailed reasoning.
The United States Court of Appeals for the Fifth Circuit affirmed the lower court's decision in a labor dispute involving freight and delivery companies. The panel found no reversible error after reviewing the parties' briefs and the record.
The United States Court of Appeals for the Federal Circuit affirmed a Merit Systems Protection Board decision upholding a settlement agreement. The court held that the petitioner forfeited arguments regarding coercion and fraud by failing to raise them during the administrative proceedings.
The Eleventh Circuit denied Allied Universal's petition for review and granted the National Labor Relations Board's application for enforcement. The court held that the Board's procedures satisfied due process requirements and that substantial evidence supported the finding that security lieutenants were not supervisors under the National Labor Relations Act.
The D.C. Circuit affirmed the dismissal of a citizen suit under the Toxic Substances Control Act because the plaintiff organizations failed to establish associational standing. The court held that the organizations could not represent their employees or supporters as members under Article III requirements.
The Fifth Circuit affirmed the dismissal of a qui tam action under the False Claims Act, holding that an employer has no established duty to pay higher visa fees for visa types it never applied for. The court further ruled that failing to withhold taxes on underpaid wages does not constitute a reverse false claim because the obligation to transmit money to the Treasury arises only after wages are actually paid.