Filene'S Basement Store

18 Cited authorities

  1. Nat'l Labor Relations Bd. v. Transportation Management Corp.

    462 U.S. 393 (1983)   Cited 655 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."
  2. Interstate Circuit v. U.S.

    306 U.S. 208 (1939)   Cited 513 times   5 Legal Analyses
    Holding proof of an explicit agreement unnecessary to establish antitrust conspiracy among movie distributors where, "knowing that concerted action was contemplated and invited, the distributors gave their adherence to the scheme and participated in it"
  3. N.L.R.B. v. Wright Line, a Div. of Wright Line, Inc.

    662 F.2d 899 (1st Cir. 1981)   Cited 358 times   46 Legal Analyses
    Holding that the "but for" test applied in a "mixed motive" case under the National Labor Relations Act
  4. St. Regis Paper Co. v. United States

    368 U.S. 208 (1961)   Cited 199 times   1 Legal Analyses
    In St. Regis Paper Co. v. United States, 365 U.S. 857, 81 S.Ct. 825, 5 L.Ed.2d 822 (1961), the only case that the authors directly cite in support of their statement, the Court simply granted a stay of the accrual of forfeitures ordered below while the case was pending in the Supreme Court.
  5. International Union

    459 F.2d 1329 (D.C. Cir. 1972)   Cited 118 times
    Holding that where a “judge plays a role in suppression of the evidence, the force of [any adverse] inference is dissipated”
  6. Crowley v. Local No. 82, Furniture Piano

    679 F.2d 978 (1st Cir. 1982)   Cited 71 times
    In Crowley the First Circuit's post-election relief for pre-election title I violations was a new, supervised election similar to the supervised election ordered in this case.
  7. Justak Bros. and Co., Inc. v. N.L.R.B

    664 F.2d 1074 (7th Cir. 1981)   Cited 29 times
    Disallowing an employer to seize upon turnover, for otherwise "an employer could engage in a scheme of unfair labor practices and yet escape a bargaining order by delaying and waiting for employee turnover"
  8. N.L.R.B. v. Cement Transport, Inc.

    490 F.2d 1024 (6th Cir. 1974)   Cited 35 times

    No. 73-1260. Argued October 17, 1973. Decided January 22, 1974. Rehearing Denied March 4, 1974. Lawrence Levien, N.L.R.B., for petitioner; Peter G. Nash, Gen. Counsel, John S. Irving, Deputy Gen. Counsel, Patrick Hardin, Associate Gen. Counsel, Elliott Moore, Assistant Gen. Counsel, Alan D. Cirker, Attys., N.L.R.B., Washington, D.C., on brief. Louis E. Woolery, Louisville, Ky., for respondent; James U. Smith, Jr., Louisville, Ky., on brief. Before CELEBREZZE and MILLER, Circuit Judges, and O'SULLIVAN

  9. Nat'l Labor Relations Bd. v. International Medication Systems, Ltd.

    640 F.2d 1110 (9th Cir. 1981)   Cited 23 times   1 Legal Analyses
    Reasoning that a court will enforce an agency subpoena if, inter alia, it "is not needlessly broad"
  10. EPE, Inc. v. Nat'l Labor Relations Bd.

    845 F.2d 483 (4th Cir. 1988)   Cited 10 times
    In EPE, Inc. v. NLRB, 845 F.2d 483 (4th Cir. 1988), we examined a case strikingly similar to this in which one company, Echlin, purchased 100% of the stock of EPE, Inc. Other than the change of ownership from the stock sale, however, there were no changes in the organization or operations of EPE's Fredericksburg plant.
  11. Rule 801 - Definitions That Apply to This Article; Exclusions from Hearsay

    Fed. R. Evid. 801   Cited 19,623 times   77 Legal Analyses
    Holding that such a statement must merely be made by the party and offered against that party