Overnite Transportation Co. (Dayton, Ohio Terminal)

45 Cited authorities

Nat'l Labor Relations Bd. v. Gissel Packing Co.
395 U.S. 575 (1969) Cited 1,035 times 67 Legal Analyses
Holding a bargaining order may be necessary "to re-establish the conditions as they existed before the employer's unlawful campaign"
Labor Board v. Walton Mfg. Co.
369 U.S. 404 (1962) Cited 298 times
Explaining that the deferential standard of review is appropriate because the "[the ALJ] ... sees the witnesses and hears them testify, while the Board and the reviewing court look only at cold records"
U.S. v. Jones
107 F.3d 1147 (6th Cir. 1997) Cited 209 times 1 Legal Analyses
Holding Daubert inapplicable to testimony based on experience or training
Porter v. Whitehall Laboratories, Inc.
9 F.3d 607 (7th Cir. 1993) Cited 206 times
Holding that the district court properly excluded expert testimony in which the expert's theory that the plaintiff's injuries were caused by ingestion of ibuprofen failed under Daubert
United States v. Fleishman
684 F.2d 1329 (9th Cir. 1982) Cited 161 times
Holding admissible expert testimony that defendant's actions were consistent with role of "lookout" in drug-distribution conspiracy
United States v. Baller
519 F.2d 463 (4th Cir. 1975) Cited 82 times
Finding no abuse of discretion in admitting voice print analysis evidence
United States v. Mangan
575 F.2d 32 (2d Cir. 1978) Cited 74 times
Approving the admission of federal tax returns under the tax administration exception in criminal proceedings against an IRS agent, even though such proceedings did not involve the determination of tax liability
Phil Smidt Son, Inc. v. N.L.R.B
810 F.2d 638 (7th Cir. 1987) Cited 51 times
In Phil Smidt Son, Inc. v. NLRB, 810 F.2d 638, 639 n. 1 (7th Cir. 1987), and K I Transfer Storage, Inc. v. NLRB, 805 F.2d 749, 752 n. 5 (7th Cir. 1986), we applied the 1985 EAJA to determine the proper scope of the inquiry regarding the "position of the United States."
Berkey Photo, Inc. v. Eastman Kodak Co.
74 F.R.D. 613 (S.D.N.Y. 1977) Cited 50 times
Holding notebooks containing "counsel's ordering of the `facts,' referring to the prospective proofs, organizing, aligning, and marshaling empirical data" constitute work product
Be-Lo Stores v. N.L.R.B
126 F.3d 268 (4th Cir. 1997) Cited 21 times 3 Legal Analyses
Holding that the Board did not properly analyze Gissel in reaching a determination that mandatory bargaining was an appropriate remedy

Overnite Transportation Co. (Dayton, Ohio Terminal)

45 Cited authorities

Holding a bargaining order may be necessary "to re-establish the conditions as they existed before the employer's unlawful campaign"

Explaining that the deferential standard of review is appropriate because the "[the ALJ] ... sees the witnesses and hears them testify, while the Board and the reviewing court look only at cold records"

Holding Daubert inapplicable to testimony based on experience or training

Holding that the district court properly excluded expert testimony in which the expert's theory that the plaintiff's injuries were caused by ingestion of ibuprofen failed under Daubert

Holding admissible expert testimony that defendant's actions were consistent with role of "lookout" in drug-distribution conspiracy

Finding no abuse of discretion in admitting voice print analysis evidence

Approving the admission of federal tax returns under the tax administration exception in criminal proceedings against an IRS agent, even though such proceedings did not involve the determination of tax liability

In Phil Smidt Son, Inc. v. NLRB, 810 F.2d 638, 639 n. 1 (7th Cir. 1987), and K I Transfer Storage, Inc. v. NLRB, 805 F.2d 749, 752 n. 5 (7th Cir. 1986), we applied the 1985 EAJA to determine the proper scope of the inquiry regarding the "position of the United States."

Holding notebooks containing "counsel's ordering of the `facts,' referring to the prospective proofs, organizing, aligning, and marshaling empirical data" constitute work product

Holding that the Board did not properly analyze Gissel in reaching a determination that mandatory bargaining was an appropriate remedy