12 Cited authorities
New Process Steel v. N.L.R.B.
560 U.S. 674 (2010) Cited 141 times 49 Legal AnalysesHolding that the Board cannot exercise its powers absent a lawfully appointed quorum
U.S. v. Payton
159 F.3d 49 (2d Cir. 1998) Cited 175 timesHolding courts can look beyond the elements of the offense to determine whether the conviction rested upon facts establishing dishonesty or false statement.
Zinman v. Black Decker (U.S.), Inc.
983 F.2d 431 (2d Cir. 1993) Cited 68 timesHolding that the district court properly admitted an eighteen-year-old conviction for Medicare fraud because the district court found that "making a false statement to a government agency is a crime akin to perjury, . . . that conviction . . . bore heavily on his credibility, . . . [and that his] credibility was highly relevant to several disputed issues in the case"
United States v. Wilson
715 F.2d 1164 (7th Cir. 1983) Cited 58 timesHolding that while "private communications between jurors and others are presumptively prejudicial [t]here can be no prejudice . . . in the absence of any such communication."
N.L.R.B. v. Consolidated Bus Transit
577 F.3d 467 (2d Cir. 2009) Cited 16 timesInterpreting similar language in 29 C.F.R. § 101.10 as meaning "that the Board's procedures are to be controlled by the Federal Rules of Civil Procedure as far as practicable" (cleaned up)
United States v. Babb
874 F.3d 1027 (8th Cir. 2017) Cited 3 timesFinding the district court "acted well within its discretion when it excluded" stale convictions because they attacked the witness's character for truthfulness
Erickson Trucking Serv., Inc. v. Nat'l Labor Relations Bd.
929 F.3d 393 (6th Cir. 2019) Cited 1 timesNos. 18-2283/2380 07-10-2019 ERICKSON TRUCKING SERVICE, INC., Petitioner/Cross-Respondent, v. NATIONAL LABOR RELATIONS BOARD, Respondent/Cross-Petitioner. ARGUED: Matthew M. O'Rourke, MILLER JOHNSON, Grand Rapids, Michigan, for Petitioner/Cross-Respondent. Ruth E. Burdick, NATIONAL LABOR RELATIONS BOARD, Washington, D.C., for Respondent/Cross-Petitioner. ON BRIEF: Matthew M. O'Rourke, Keith E. Eastland, MILLER JOHNSON, Grand Rapids, Michigan, for Petitioner/Cross-Respondent. Ruth E. Burdick, David
Adv. Sth. Suburban Hosp. v. N.L.R.B
468 F.3d 1038 (7th Cir. 2006) Cited 1 timesNos. 06-1346, 06-1511. Argued September 8, 2006. Decided November 21, 2006. Appeal from the Employer petitioned for review of, and National Labor Relations Board (NLRB) Douglas A. Darch (argued), Seyfarth Shaw, Chicago, IL, for Advocate South Suburban Hosp., Petitioner. David Seid (argued), Aileen Armstrong, National Labor Relations Board Office of the General Counsel, Washington, DC, for N.L.R.B., Respondent. Michael H. Slutsky (argued), N. Elizabeth Reynolds, Allison, Slutsky Kennedy, Chicago,
Nat'l Labor Relations Bd. v. International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of America, AFL, Local 823
227 F.2d 439 (10th Cir. 1955) Cited 2 timesNo. 5092. November 12, 1955. Franklin C. Milliken, Washington, D.C. (Theophil C. Kammholz, Gen. Counsel, Chicago, Ill., David P. Findling, Associate General Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, and Elizabeth W. Weston, Washington, D.C., were with him on the brief), for petitioner. Daniel J. Leary, Joplin, Mo., for respondent. Before PHILLIPS, Chief Judge, HUXMAN, Circuit Judge, and SAVAGE, District Judge. HUXMAN, Circuit Judge. This is a petition by the National Labor Relations Board
Rule 609 - Impeachment by Evidence of a Criminal Conviction
Fed. R. Evid. 609 Cited 4,534 times 15 Legal AnalysesAdopting a ten-year time limit, absent unusual circumstances, on the use of prior convictions for impeachment purposes
Rule 608 - A Witness's Character for Truthfulness or Untruthfulness
Fed. R. Evid. 608 Cited 3,074 times 16 Legal AnalysesAssuming it was otherwise admissible
Section 1029 - Fraud and related activity in connection with access devices
18 U.S.C. § 1029 Cited 2,365 times 7 Legal AnalysesCriminalizing conspiracy to commit access device fraud