McDonnell Douglas Corp.

14 Cited authorities

Parklane Hosiery Co. v. Shore
439 U.S. 322 (1979) Cited 4,294 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
Lawlor v. Nat'l Screen Serv.
349 U.S. 322 (1955) Cited 889 times 2 Legal Analyses
Holding that two suits were not "based on the same cause of action," because "[t]he conduct presently complained of was all subsequent to" the prior judgment and it "cannot be given the effect of extinguishing claims which did not even then exist and which could not possibly have been sued upon in the previous case"
Phelps Dodge Corp. v. Labor Board
313 U.S. 177 (1941) Cited 871 times
Holding that the NLRA limits the Board's backpay authority to restoring “actual losses”
Nat'l Labor Relations Bd. v. Fleetwood Trailer Co.
389 U.S. 375 (1967) Cited 233 times
In Fleetwood Trailer, 389 U.S. 375, 88 S.Ct. 543, the Supreme Court was required to determine whether the employer violated the Act when it hired six new employees who had not previously worked for the company instead of six former strikers who had applied for reinstatement.
Labor Board v. Deena Artware
361 U.S. 398 (1960) Cited 139 times
Ruling that derivative liability could be imposed on the basis of single employer status
N.L.R.B. v. Fort Vancouver Plywood Co.
604 F.2d 596 (9th Cir. 1979) Cited 42 times
In Fort Vancouver, we noted that the Board's order required the reinstatement of exactly 72 discharged workers, leaving no possibility for the employer to litigate whether or not the workers would have been laid off in spite of the violations.
Golden Day Schools, Inc. v. N.L.R.B
644 F.2d 834 (9th Cir. 1981) Cited 10 times
In Golden Day Schools, 644 F.2d 834, the court noted that although the child care workers' leaflet to parents included harsh language and serious charges about the care of the children, it fell "woefully short of the malicious tone" that would justify a discharge under Jefferson Standard. Appellant correctly points out that the court in Golden Day Schools determined that the leaflet played no part in the discharge of the employees.
N.L.R.B. v. Nickey Chevrolet Sales, Inc.
493 F.2d 103 (7th Cir. 1974) Cited 16 times
No. 72-1314. Argued February 13, 1973. Decided February 27, 1974. Marcel Mallet-Prevost, Asst. General Counsel, Paul J. Spielberg, Atty., N.L. R.B., Washington, D.C., for petitioner. Ray E. Poplett, Chicago, Ill., for respondent. Before FAIRCHILD and PELL, Circuit Judges, and CAMPBELL, Senior District Judge. Senior District Judge William J. Campbell of the Northern District of Illinois is sitting by designation. FAIRCHILD, Circuit Judge. The present proceeding arises out of a judgment of this court
McDonnell Douglas Corp. v. N.L.R.B
655 F.2d 932 (9th Cir. 1981) Cited 7 times
No. 79-7541. Argued and Submitted October 9, 1980. Decided March 12, 1981. Rehearing and Rehearing En Banc November 12, 1981. James Adler, Munger, Tolles Rickershauser, Los Angeles, Cal., argued, for appellant. Elliott Moore, N.L.R.B., Washington, D.C., on brief; Gary Green, Director, Legal Dept., Washington, D.C., for appellee. Petition for Enforcement of an Order of the National Labor Relations Board. Before SCHROEDER and CANBY, Circuit Judges and PFAELZER, District Judge. The Honorable Mariana
N.L.R.B. v. Ford Motor Co.
683 F.2d 156 (6th Cir. 1982) Cited 5 times 1 Legal Analyses
No. 80-1752. Argued March 17, 1982. Decided July 20, 1982. Elliott Moore, Deputy Associate Gen. Counsel, Howard Perlstein, N.L.R.B., Washington, D.C., for petitioner. Theodore C. Miloch, James Jackson, Dearborn, Mich., for respondent. Petition from the National Labor Relations Board. Before KEITH and MERRITT, Circuit Judges, and CELEBREZZE, Senior Circuit Judge. PER CURIAM. This case is before the Court upon application of the National Labor Relations Board ("Board"), pursuant to Section 10(e) of

McDonnell Douglas Corp.

14 Cited authorities

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

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

In Fleetwood Trailer, 389 U.S. 375, 88 S.Ct. 543, the Supreme Court was required to determine whether the employer violated the Act when it hired six new employees who had not previously worked for the company instead of six former strikers who had applied for reinstatement.

Ruling that derivative liability could be imposed on the basis of single employer status

In Fort Vancouver, we noted that the Board's order required the reinstatement of exactly 72 discharged workers, leaving no possibility for the employer to litigate whether or not the workers would have been laid off in spite of the violations.