Flaum Appetizing Corp

23 Cited authorities

Hoffman Plastic Compounds v. Nat'l Labor Relations Bd.
535 U.S. 137 (2002) Cited 324 times 38 Legal Analyses
Holding that backpay awards to undocumented workers terminated in violation of the National Labor Relations Act ran counter to federal immigration law
Heller Fin., Inc. v. Midwhey Powder Co., Inc.
883 F.2d 1286 (7th Cir. 1989) Cited 1,618 times
Holding that a "forum-selection clause is not dispositive under § 1404"
Rivera v. Nibco, Inc.
364 F.3d 1057 (9th Cir. 2004) Cited 405 times 2 Legal Analyses
Finding employee immigration status was not discoverable in a Title VII action because forcing employees to reveal such information could deter undocumented workers from filing complaints about labor and civil rights violations and the information was not relevant to the issue of liability
Phelps Dodge Corp. v. Labor Board
313 U.S. 177 (1941) Cited 873 times
Holding that the NLRA limits the Board's backpay authority to restoring “actual losses”
Virginia Electric Co. v. Board
319 U.S. 533 (1943) Cited 328 times 1 Legal Analyses
Emphasizing that the Board's remedial power "is not limited to the illustrative example of one type of permissible affirmative order," such as backpay, and cautioning that the "particular means by which the effects of unfair labor practices are to be expunged are matters 'for the Board not the courts to determine'" (first citing Phelps Dodge, 313 U.S. at 187, 189; then quoting Machinists, 311 U.S. at 82)
Hayne v. Green Ford Sales, Inc.
263 F.R.D. 647 (D. Kan. 2009) Cited 136 times 1 Legal Analyses
Holding an exchange of views by letter, with no telephone follow-up, "fell short" of the conference requirements
Tyco Fire Products LP v. Victaulic Co.
777 F. Supp. 2d 893 (E.D. Pa. 2011) Cited 112 times 2 Legal Analyses
Holding an affirmative defense was sufficiently pled when it merely stated the plaintiff's patents were invalid as to particular sections under Title 35
Qarbon.com Inc. v. eHelp Corp.
315 F. Supp. 2d 1046 (N.D. Cal. 2004) Cited 126 times
Holding an answer alleging plaintiff is "barred from recovery . . . by the doctrines of waiver, estoppel, and unclean hands" did not provide fair notice of affirmative defenses because it did not allege facts justifying any of these doctrines
Sun Microsystems, Inc. v. Versata Enterprises, Inc.
630 F. Supp. 2d 395 (D. Del. 2009) Cited 69 times
Finding sufficient nexus between defendant's unclean hands defense and infringement litigation where affirmative defense was based on allegations that defendant had a license to the specific patent-in-suit
Palmer v. Oakland Farms, Inc.
Civil Action No. 5:10cv00029 (W.D. Va. Jun. 24, 2010) Cited 65 times
Applying the "plausible" pleading standard of Iqbal and Twombly
Rule 9 - Pleading Special Matters
Fed. R. Civ. P. 9 Cited 40,376 times 338 Legal Analyses
Requiring that fraud be pleaded with particularity
Rule 11 - Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions
Fed. R. Civ. P. 11 Cited 37,768 times 153 Legal Analyses
Holding an "unrepresented party" to the same standard as an attorney
Section 1324a - Unlawful employment of aliens
8 U.S.C. § 1324a Cited 595 times 50 Legal Analyses
Authorizing the Attorney General to pursue injunctive relief and criminal sanctions in federal district court
Section 1324b - Unfair immigration-related employment practices
8 U.S.C. § 1324b Cited 128 times 65 Legal Analyses
Permitting the administrative law judge to award an attorney's fee to the prevailing party "if the losing party's argument is without reasonable foundation in law and fact"
Section 274a.2 - Verification of identity and employment authorization
8 C.F.R. § 274a.2 Cited 85 times 33 Legal Analyses
Establishing Form I–9

Flaum Appetizing Corp

23 Cited authorities

Holding that backpay awards to undocumented workers terminated in violation of the National Labor Relations Act ran counter to federal immigration law

Holding that a "forum-selection clause is not dispositive under § 1404"

Finding employee immigration status was not discoverable in a Title VII action because forcing employees to reveal such information could deter undocumented workers from filing complaints about labor and civil rights violations and the information was not relevant to the issue of liability

Holding that the NLRA limits the Board's backpay authority to restoring “actual losses”

Holding an exchange of views by letter, with no telephone follow-up, "fell short" of the conference requirements

Holding an affirmative defense was sufficiently pled when it merely stated the plaintiff's patents were invalid as to particular sections under Title 35

Holding an answer alleging plaintiff is "barred from recovery . . . by the doctrines of waiver, estoppel, and unclean hands" did not provide fair notice of affirmative defenses because it did not allege facts justifying any of these doctrines

Finding sufficient nexus between defendant's unclean hands defense and infringement litigation where affirmative defense was based on allegations that defendant had a license to the specific patent-in-suit

Applying the "plausible" pleading standard of Iqbal and Twombly

Requiring that fraud be pleaded with particularity

Holding an "unrepresented party" to the same standard as an attorney

Authorizing the Attorney General to pursue injunctive relief and criminal sanctions in federal district court

Permitting the administrative law judge to award an attorney's fee to the prevailing party "if the losing party's argument is without reasonable foundation in law and fact"

Establishing Form I–9