Case law

Chateaubriand v. Gaspard

97 F.3d 1218 · Court of Appeals for the Ninth Circuit · Oct 7, 1996

If the employee discharges that burden, the government can escape liability by showing that it would have taken the same action even in the absence of the protected conduct. 28 Board of County Comm'rs v. … Umbehr, --- U.S. at ---- - ----, 116 S.Ct. at 2347-48 (quoting Pickering v. Board of Education, 391 U.S. 563, 568 , 88 S.Ct. 1731, 1734-35 , 20 L.Ed.2d 811 (1968)).

Hawaiian Hauling Service, Ltd. v. National Labor Relations Board

545 F.2d 674 · Court of Appeals for the Ninth Circuit · Dec 30, 1976

Corp. v. … We are not free to substitute our judgment for the Board’s even if, as Board members, we might have thought that the minority members’ views were more persuasive. Cf. NLRB v.

Hill v. State Board of Control

21 F. App'x 561 · Court of Appeals for the Ninth Circuit · May 31, 2001

See Hudson v. Palmer, 468 U.S. 517, 533 , 104 S.Ct. 3194 , 82 L.Ed.2d 393 (1984); Merritt v. Mackey, 827 F.2d 1368 , 1372 & n. 3, 1373 n. 4 (9th Cir.1987); Piatt v. MacDougall, 773 F.2d 1032, 1037 (9th Cir.1985). … Because the State Board of Control is an arm of the State of California, the district court correctly dismissed Hill’s claim against the Board because he may not pursue civil rights deprivation claims against such entities

Winston v. Board of Prison Terms

264 F. App'x 604 · Court of Appeals for the Ninth Circuit · Jan 18, 2008

Winston challenges the California Board of Prison Terms’ (“Board”) 1998 decision finding him unsuitable for parole. … See Sass v. Cal. Bd. of Prison Terms, 461 F.3d 1123, 1128-29 (9th Cir.2006).

National Labor Relations Board v. Lenkurt Electric Company, Inc.

438 F.2d 1102 · Court of Appeals for the Ninth Circuit · Apr 2, 1971

B. v. Laars Engineers, Inc., supra. The petition for enforcement of the Board’s order is denied. . … Co. v. N.L.R.B., 341 F.2d 756 (6th Cir. 1965). Cf. also, Russell-Newman Mfg. Co. v.

Porter ex rel. Porter v. Board of Trustees

307 F.3d 1064 · Court of Appeals for the Ninth Circuit · Oct 8, 2002

See Robinson v. … W. v.

National Labor Relations Board v. Isis Plumbing & Heating Co.

322 F.2d 913 · Court of Appeals for the Ninth Circuit · Sep 23, 1963

B. v. Sebastopol Apple Growers Union, 269 F.2d 705 (9th Cir., 1959); N. L. R. B. v. Latex Industries, Inc., 307 F.2d 737 (6th Cir., 1962). See also N. L. R. B. v. … B. v.

Paulo v. Holder

Court of Appeals for the Ninth Circuit · May 4, 2011

The word “pretermit” “is used by the immigration court and the Board of Immigration Appeals whenever an alien is found ineligible to apply for some form of relief.” Gonzalez-Balderas v. … Dec. 182, 184 (BIA 1984) (“[T]he Board has consis- tently held that section 212(c) can only be invoked in a depor-  PAULO v.

Donald v. University of California Board of Regents

329 F.3d 1040 · Court of Appeals for the Ninth Circuit · May 21, 2003

Rivers v. Roadway Express., Inc., 511 U.S. 298 , 313 n. 12, 114 S.Ct. 1510 , 128 L.Ed.2d 274 (1994). See also Harper v. … Merena v. SmithKline Beecham Corp., 205 F.3d 97 (3rd Cir.2000), the relators brought a qui tam action that was disallowed by the public disclosure bar of § 3730(e)(4)(A).

Rea Trucking Company, Inc. v. National Labor Relations Board

439 F.2d 1065 · Court of Appeals for the Ninth Circuit · Mar 19, 1971

A variance between complaint and findings will not defeat a Board determination where the issue on which the findings were based was fully litigated. See Owens-Corning Fiberglass Corp. v. N. L. R. … Indeed, “The Board * * * has an obligation to decide material issues which have been fairly tried by the parties even though they have not been specifically pleaded.” American Boiler Mfgrs. Assn. v. N. L. R.

National Labor Relations Board v. Knickerbocker Plastic Company, Inc.

218 F.2d 917 · Court of Appeals for the Ninth Circuit · Jan 15, 1955

We quote from N.L.R.B. v. … [National] Labor [Relations] Board v. Remington Rand, Inc., 2 Cir., 94 F.2d 862 , certiorari denied 304 U.S. 576 , 58 S.Ct. 1046 , 85 L.Ed. 1540 ; [National] Labor [Relations] Board v.

Bryfogle v. Arizona Board of Regents

13 F. App'x 538 · Court of Appeals for the Ninth Circuit · Jun 21, 2001

We review for abuse of discretion the district court’s decision to abstain under Younger v. Harris, 401 U.S. 87 , 91 S.Ct. 746 , 27 L.Ed.2d 669 (1971), see Martinez v. … Newport Beach City, 125 F.3d 777, 780 (9th Cir.1997), and we review de novo a dismissal for lack of subject matter jurisdiction, see Hexom v. Oregon Dep’t of Transp., 171 F.3d 1134, 1135 (9th Cir.1999).

National Labor Relations Board v. Western Wirebound Box Co.

356 F.2d 88 · Court of Appeals for the Ninth Circuit · Jan 19, 1966

B. v. … However, the Board has a right to change its view as long as its new position is not erroneous.

Linda Brown, the Duly Appointed Personal Representative of the Estate of Billy Derrell Brown, Deceased v. Link Belt Corporation and Fmc Corporation

565 F.2d 1107 · Court of Appeals for the Ninth Circuit · Dec 7, 1977

Moreover, this court in Wirth v. … Boeing Airplane Co. v. Brown, 291 F.2d 310, 315 (9th Cir. 1961); Rule 407 Federal Rules of Evidence. 3 . Compare Tr. at 99 with Tr. at 358. 4 .

The Frito Company, Western Division v. National Labor Relations Board, National Labor Relations Board v. Retail Clerks Union Local 770

330 F.2d 458 · Court of Appeals for the Ninth Circuit · Apr 7, 1964

B. v. … In N.L.R.B. v. Bar-Brook Mfg.

National Labor Relations Board, v Tayko Industries, Inc.

543 F.2d 1120 · Court of Appeals for the Ninth Circuit · Oct 29, 1976

National Labor Relations Board v. Exchange Parts Co. (1964).” Id. See also NLRB v. Gruber’s Super Market, Inc., 501 F.2d 697, 702 (7th Cir. 1974); Owens-Corning Fiberglas Corp. v. … The burden is upon the Board to prove that the discharges were illegally motivated. NLRB v. Klaue, 523 F.2d 410, 413 (9th Cir. 1975).

United States v. William Green Jackson

436 F.2d 39 · Court of Appeals for the Ninth Circuit · Dec 18, 1970

Brown v. United States, 9 Cir., 1964, 334 F.2d 488 , 491-492 and 497-501 (concurring opinion), aff’d on other grounds, 1965, 381 U.S. 437 , 85 S.Ct. 1707 , 14 L.Ed.2d 484 . … In Brown the defendant was convicted under 29 U.S.C. § 504 making it unlawful for a member of the Communist Party to serve on an executive board of a labor organization.

Mark Weinberg Randy Powers Elizabeth Powers v. Whatcom County Nathan W. Brown

241 F.3d 746 · Court of Appeals for the Ninth Circuit · Feb 27, 2001

Board of Regents of State Colleges v. Roth, 408 U.S. 564, 577 , 92 S.Ct. 2701 , 33 L.Ed.2d 548 (1972). … See Harris v.

Gallenkamp Stores Co. v. National Labor Relations Board

402 F.2d 525 · Court of Appeals for the Ninth Circuit · Aug 8, 1968

Foreman & Clark, Inc. v. National Labor Relations Board, 215 F.2d 396, 405-406 (9 Cir. 1954), cert. denied, 348 U.S. 887 , 75 S.Ct. 207 , 99 L.Ed. 697 ; National Labor Relations Board v. … National Labor Relations Board v. Metropolitan Life Ins.

E. Dean Rasmussen v. National Labor Relations Board

875 F.2d 1390 · Court of Appeals for the Ninth Circuit · May 24, 1989

The Board dismissed Rasmussen’s complaint and he appeals. We grant enforcement of the Board’s order in part and vacate the Board’s order in part. I. … See NLRB v. Sheet Metal Workers’ Int'l Ass’n, Local 16, 873 F.2d 236, 237 (9th Cir.1989); International Union, UAW, Local 449 v. NLRB, 865 F.2d 791, 793 (6th Cir.1989); NLRB v.