Case law

Nisha Brown v. Wal-Mart Stores, Inc.

651 F. App'x 672 · Court of Appeals for the Ninth Circuit · Jun 8, 2016

COURT OF APPEALS FOR THE NINTH CIRCUIT NISHA BROWN and KATHY No. 12-17623 WILLIAMSON, individually and on behalf of all others similarly situated, D.C. … Nursing Home Pension Fund, Local 144 v. Oracle Corp. (In re Oracle Corp. Sec.

National Labor Relations Board v. Jacob Vander Wal, D/B/A Superior Business Forms

316 F.2d 631 · Court of Appeals for the Ninth Circuit · Mar 29, 1963

B. v. Warren Company, 350 U.S. 107 , 76 S.Ct. 185 , 100 L.Ed. 96 . … B. v. Nesen, 211 F.2d 559 , 9th Cir., 1954; McComb v. Jacksonville Paper Co., 336 U.S. 187 , 69 S.Ct. 497 , 93 L.Ed. 599 ; United States v. United Mine Workers, 330 U.S. 258 , 67 S.Ct. 677 , 91 L.Ed. 884 .

National Labor Relations Board v. Design Sciences, a Division of Jacobs Engineering Co.

573 F.2d 1103 · Court of Appeals for the Ninth Circuit · Apr 26, 1978

PER CURIAM: The National Labor Relations Board (board) seeks enforcement of an order to bargain, issued after the board held an election and certified the winner as bargaining representative for certain employees of Design … Whether or not an individual is an “employee” is a question primarily for the board, and the board’s determination will be accepted . . if it has ‘warrant in the record’ and a reasonable basis in law”. N.L.R.B. v.

Fidelity Financial Corporation v. Federal Home Loan Bank of San Francisco, Milton Feinerman, President of the Federal Home Loan Bank of S.F.

792 F.2d 1432 · Court of Appeals for the Ninth Circuit · Jun 27, 1986

Cameron-Brown Co., 556 F.2d 356, 358-60 (5th Cir.1977). But cf. Rust v. Johnson, 597 F.2d 174, 177-78 (9th Cir.) … Olim v. Wakinekona, 461 U.S. 238, 249 , 103 S.Ct. 1741, 1747 , 75 L.Ed.2d 813 (1983), quoting Connecticut Board of Pardons v.

Everett v. United States

284 F. 203 · Court of Appeals for the Ninth Circuit · Oct 30, 1922

“Upon completion and documentation” of the hull the buyer agreed to execute and deliver to the Board a first mortgage on the vessel in the Board’s standard form, the mortgage to secure the payment of the actual amount determined … Toby v. Brown, 11 Ark. 308 ; Carey v. The Kitty, 5 Fed. Cas. 59 ; The Cerro Gordo (D. C.) 54 Fed. 391 ; Whitney v. Tibbol, 93 Fed. 686 , 35 C. C. A. 544 .

Matthews v. Harney County, Oregon, School District No. 4

819 F.2d 889 · Court of Appeals for the Ninth Circuit · Jun 11, 1987

See Washington v. … See Brown v. Texas A & M University, 804 F.2d 327, 335 (5th Cir.1986); Brasslett v. Cota, 761 F.2d 827, 836 (1st Cir.1985); DeSarno v. Dep’t of Commerce, 761 F.2d 657, 660 (Fed.Cir.1985); Williams v.

Napoleon Brown v. Atty General of California

650 F. App'x 434 · Court of Appeals for the Ninth Circuit · May 20, 2016

We further hold habeas relief unavailable on Brown’s Sixth Amendment claim. The California Court of Appeal held that Bruton v. … See Michigan v. Bryant, 562 U.S. 344, 351 n.1 (2011); Crawford v.

National Labor Relations Board v. Aircraft Magnesium a Division of Grico Corporation

730 F.2d 767 · Court of Appeals for the Ninth Circuit · Feb 28, 1984

P 10,094 National Labor Relations Board v. Aircraft Magnesium a Division of Grico Corporation NO. 83-7229 United States Court of Appeals, ninth Circuit. FEB 28, 1984 1 Appeal From: N.L.R.B. 2 ORDER ENFORCED.

Dit La Porte v. United States

300 F.2d 878 · Court of Appeals for the Ninth Circuit · Mar 2, 1962

BROWNING, Circuit Judge. Dit La Porte was convicted of a violation of 50 U.S.C.A.Appendix, § 462 for failure to perform a duty required of him by the Universal Military Training *879 and Service Act. … Defendant reported to the Board for an interview on October 6, 1960, and stated that he would refuse to perform any civilian work for Selective Service. 4 . Moran v.

Tom Capps, Plaintiffs-Respondents v. Victor Atiyeh, Governor of the State of Oregon Robert J. Watson, Administrator of the Corrections Division of the State of Oregon Hoyt C. Cupp, Superintendent of the Oregon State Penitentiary J. C. Keeney, Assistant Superintendent of the Oregon State Penitentiary George E. Sullivan, Superintendent of the Oregon State Correctional Institution Bill G. Cogswell, Ira Blalock, Elizabeth Brown, Chalmers L. Jones, and Hazel Hayes, Members of the Oregon Board of Parole, Joe West, Plaintiffs-Respondents v. Victor Atiyeh, Governor of the State of Oregon Robert J. Watson, Administrator of the Corrections Division of Oregon Hoyt C. Cupp, Superintendent, Oregon State Penitentiary George E. Sullivan, Superintendent, Oregon State Correctional Institution Bill G. Cogswell, Ira Blalock, Elizabeth Browne, Chalmers L. Jones, and Hazel Hayes, Members of the Oregon Board of Parole, Defendants

652 F.2d 823 · Court of Appeals for the Ninth Circuit · Aug 3, 1981

Cogswell, Ira Blalock, Elizabeth Brown, Chalmers L. Jones, and Hazel Hayes, Members of the Oregon Board of Parole, Defendants-Appellants. Joe WEST, et al., Plaintiffs-Respondents, v. … Cogswell, Ira Blalock, Elizabeth Browne, Chalmers L. Jones, and Hazel Hayes, Members of the Oregon Board of Parole, Defendants- Appellants. No. 80-3404. United States Court of Appeals, Ninth Circuit. Argued May 7, 1981.

National Labor Relations Board v. International Brotherhood of Electrical Workers, Local 11

772 F.2d 571 · Court of Appeals for the Ninth Circuit · Sep 24, 1985

The Board may decline to defer to an arbitration decision “in which there is an apparent conflict of interest between the employee and the union representing him.” NLRB v. … This court’s review of the Board’s deferral decision is limited to determining whether the Board has abused its discretion. Servair, 726 F.2d at 1438-39 ; Hawaiian Hauling Service, Ltd. v.

Thomas Phillip Nehez v. National Transportation Safety Board and Administrator, Federal Aviation Administration

30 F.3d 1165 · Court of Appeals for the Ninth Circuit · Jul 26, 1994

NTSB, 572 F.2d 202 , 203 n. 3 (9th Cir.1977) (per curiam), among other cases, and has been consistently applied by the Board in fixed-wing aircraft cases. Relying upon Essery v. … The Board’s finding of potential for harm is supported by the evidence. Nehez’s reliance on Administrator v. Westhoff, NTSB Order No. EA-3596 (1992) is unavailing.

Matthews v. Oregon State Board of Higher Education ex rel. University of Oregon

249 F.3d 1085 · Court of Appeals for the Ninth Circuit · May 9, 2001

See Matthews v. Oregon State Bd. of Higher Educ., 220 F.3d 1165 (9th Cir.2000). A companion appeal, Matthews v. Oregon, No. 99-35601, has been pending, with submission deferred, awaiting the outcome of this appeal. … See Matthews v. Oregon State Bd. of Higher Educ., 332 Or. 31 , 22 P.3d 754 (2001).

National Labor Relations Board v. Orfeo Kostrencich, Fishermen's Union, Local 33, Ilwu, Intervenor

296 F.2d 561 · Court of Appeals for the Ninth Circuit · Nov 13, 1961

On balance, it is not believed by this Court that enforcement of the Labor Board’s order would promote either industrial peace or the collective bargaining process which are purposes of the National Labor Relations Act, 29 … The board’s remedy, because of a condition ,in a prior contract which seems not to have been enforced, would now deprive the employees of any representation for a period.

National Labor Relations Board v. International Longshoremen's and Warehousemen's Union, Local 10, I.L.W.U

214 F.2d 778 · Court of Appeals for the Ninth Circuit · Jun 28, 1954

That evidence, and the report of the Trial Examiner, support the order of the Board. Universal Camera Corp. v. National Labor Relations Board, 340 U.S. 474 , 71 S. Ct. 456 , 95 L.Ed. 456 ; N. L. R. B. v. … The Board’s Order will be enforced.

Retail Store Employees Union, Local 428, Retail Clerks International v. National Labor Relations Board

528 F.2d 1225 · Court of Appeals for the Ninth Circuit · Dec 2, 1975

On review, the Board voted 3 to 2 to reverse the administrative law judge. If there is continuity of representation, there is no requirement for a Board election. See N.L.R.B. v. … Subsequent board decisions have found continuity in the merger of two locals under the particular facts of those mergers. See, e. *1228 g., N.L.R.B. v. Commercial Letter, Inc., supra.

Micronesian Telecommunications Corporation, Petitioner/cross-Respondent v. National Labor Relations Board, Respondent/cross-Petitioner

820 F.2d 1097 · Court of Appeals for the Ninth Circuit · Sep 2, 1987

See NLRB v. … Best Products Co., 765 F.2d 903, 906-07 (9th Cir.1985), and we will not overturn a Board decision to certify a union unless the Board has abused that discretion. NLRB v.

O'GUINN v. Lovelock Correctional Center

502 F.3d 1056 · Court of Appeals for the Ninth Circuit · Sep 5, 2007

See Jones v. … Relying on the statement in Brown v.

Beverly Hills Federal Savings and Loan Association v. Eugene Webb, Jr., Marguerite R. Webb, Richards Matthews, Jr., Robert G. Rufi and Eugene C. Jones, Beverly Hills Federal Savings and Loan Association v. Title Insurance and Trust Company

406 F.2d 1275 · Court of Appeals for the Ninth Circuit · Jan 30, 1969

See Reich v. Webb, 9 Cir., 336 F.2d 153 , and Webb v. Beverly Hills Federal Savings and Loan Assn., 9 Cir., 364 F.2d 146 . … The decision of this court in Reich v. Webb, 9 Cir., 336 F.2d 153 , supports the Board's view.

Franchise Tax Board of the State of California v. MacFarlane (In re MacFarlane)

83 F.3d 1041 · Court of Appeals for the Ninth Circuit · May 13, 1996

McKay v. United States, 957 F.2d 689, 691 (9th Cir.1992). The burden of proof then shifts to the taxpayer. Oliver v. United States, 921 F.2d 916, 919 (9th Cir.1990). … Gas-cmay v. Northwestern Mut. Life Ins. Co., 26 F.3d 957, 959 (9th Cir.1994) (quotation omitted).