439 U.S. 322 (1979) Cited 4,295 times 8 Legal Analyses
Holding that district courts have discretion to refuse to apply offensive non-mutual collateral estoppel against a defendant if such an application of the doctrine would be unfair
In Marlene Industries Corp. v. N.L.R.B., 712 F.2d 1011 (6th Cir. 1983), this Court stated: "[w]e are mindful of the admonishment that 'neither collateral estoppel nor res judicata is rigidly applied.
Dismissing Board's petition for contempt where Board had not adjudicated underlying unfair-labor-practice complaint; "Reasons akin to those underlying the doctrine of exhaustion of administrative remedies persuade us that it is ill-advised to resolve these highly factual and close issues before the agency possessing expertise in these matters has passed upon the question. . . ."
In Aquabrom v. N.L.R.B., 746 F.2d 334 (6th Cir. 1984), a chemical company, Drug Research Inc., refused to negotiate with the union elected by the employees of the company's Adrian, Michigan, plant.