Detroit Newspapers

14 Cited authorities

Nat'l Labor Relations Bd. v. Transportation Management Corp.
462 U.S. 393 (1983) Cited 652 times 11 Legal Analyses
Holding that the employer bears the burden of negating causation in a mixed-motive discrimination case, noting "[i]t is fair that [the employer] bear the risk that the influence of legal and illegal motives cannot be separated."
SCM Corp. v. Advance Business Systems & Supply Co.
397 U.S. 920 (1970) Cited 200 times 5 Legal Analyses
Upholding a delay of three months where only prejudice shown was that the defendants could not recall details of the days in the distant past; no special circumstances
Labor Board v. Burnup Sims
379 U.S. 21 (1964) Cited 106 times 21 Legal Analyses
Finding violation of § 8 "whatever the employer's motive"
Lichon v. American Ins Co.
435 Mich. 408 (Mich. 1990) Cited 117 times 1 Legal Analyses
Holding that an underlying issue was not actually litigated in a prior criminal trial where the party entered plea of nolo contendere
N.L.R.B. v. Augusta Bakery Corp.
957 F.2d 1467 (7th Cir. 1992) Cited 45 times
Holding that the replacements were temporary because, although the replacements were told that "if they worked out and did their job, they had a job," the testimony of the replacements indicated that they did not understand themselves to be permanent employees
Laidlaw Corporation v. N.L.R.B
414 F.2d 99 (7th Cir. 1969) Cited 81 times 6 Legal Analyses
Holding that while an employer is not obligated to discharge permanent replacements to make room for returning economic strikers, the employer must place the former strikers on a preferential recall list
Shattuck Denn Mining Corp. v. Nat'l Labor Relations Bd.
362 F.2d 466 (9th Cir. 1966) Cited 56 times
Upholding Board's determination that discharge for insubordination was pretextual where employer "refused to discharge" another employee also accused of insubordination
U.S. v. Hill
835 F.2d 759 (10th Cir. 1987) Cited 22 times 1 Legal Analyses
Explaining embezzlement, stealing, and conversion are alternate means of committing the statutory offense under § 641
Detroit Typographical Union No. 18 v. Nat'l Labor Relations Bd.
216 F.3d 109 (D.C. Cir. 2000) Cited 8 times 2 Legal Analyses
Granting petition for review because Board conclusion constituted legal error
United States v. Sellers
670 F.2d 853 (9th Cir. 1982) Cited 14 times
Defining common law larceny as "a taking of property from the possession of another without his consent . . ."
Rule 801 - Definitions That Apply to This Article; Exclusions from Hearsay
Fed. R. Evid. 801 Cited 19,588 times 77 Legal Analyses
Holding that such a statement must merely be made by the party and offered against that party
Rule 803 - Exceptions to the Rule Against Hearsay-Regardless of Whether the Declarant Is Available as a Witness
Fed. R. Evid. 803 Cited 12,987 times 85 Legal Analyses
Recognizing exception to rule against hearsay for records of regularly conducted activities
Rule 410 - Pleas, Plea Discussions, and Related Statements
Fed. R. Evid. 410 Cited 833 times 12 Legal Analyses
Holding that an otherwise inadmissible statement made during plea discussions becomes admissible "in any proceeding wherein another statement made in the course of the same . . . plea discussions has been introduced and the statement ought in fairness be considered contemporaneously with it"

Detroit Newspapers

14 Cited authorities

Holding that the employer bears the burden of negating causation in a mixed-motive discrimination case, noting "[i]t is fair that [the employer] bear the risk that the influence of legal and illegal motives cannot be separated."

Upholding a delay of three months where only prejudice shown was that the defendants could not recall details of the days in the distant past; no special circumstances

Finding violation of § 8 "whatever the employer's motive"

Holding that an underlying issue was not actually litigated in a prior criminal trial where the party entered plea of nolo contendere

Holding that the replacements were temporary because, although the replacements were told that "if they worked out and did their job, they had a job," the testimony of the replacements indicated that they did not understand themselves to be permanent employees

Holding that while an employer is not obligated to discharge permanent replacements to make room for returning economic strikers, the employer must place the former strikers on a preferential recall list

Upholding Board's determination that discharge for insubordination was pretextual where employer "refused to discharge" another employee also accused of insubordination

Explaining embezzlement, stealing, and conversion are alternate means of committing the statutory offense under § 641

Granting petition for review because Board conclusion constituted legal error

Defining common law larceny as "a taking of property from the possession of another without his consent . . ."

Holding that such a statement must merely be made by the party and offered against that party

Recognizing exception to rule against hearsay for records of regularly conducted activities

Holding that an otherwise inadmissible statement made during plea discussions becomes admissible "in any proceeding wherein another statement made in the course of the same . . . plea discussions has been introduced and the statement ought in fairness be considered contemporaneously with it"