Opinion

National Labor Relations Board v. International Medication Systems, Ltd.

  • 640 F.2d 1110
Court
Court of Appeals for the Ninth Circuit
Filed
Apr 8, 1981
Status
Published
Author
Kennedy
On the bench
Alarcon, Kennedy, Wright
Cited by
24 cases

holding that, because Brimson requires that “chal­ lenges to agency subpoenas . . . be resolved by the judiciary before com pliance can be com pelled,” an agency c a n n o t a p p ly d is c o v e ry sanctions in re sp o n se to a p a rty 's re fu sa l to com ply w ith a subpoena

How later courts described this case

  • holding that, because Brimson requires that “chal­ lenges to agency subpoenas . . . be resolved by the judiciary before com pliance can be com pelled,” an agency c a n n o t a p p ly d is c o v e ry sanctions in re sp o n se to a p a rty 's re fu sa l to com ply w ith a subpoena
  • reasoning that a court will enforce an agency subpoena if, inter alia, it "is not needlessly broad"
  • reasoning that a court will enforce an agency subpoena if it is not needlessly broad
  • applying adverse inference from failure to produce records

Written by the judges who cited it.

The opinion

KENNEDY, Circuit Judge,

concurring specially:

I concur in the result.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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