Soaring Eagle Casino and Resort, An Enterprise of the Saginaw Chippewa Indian Tribe of Michigan

29 Cited authorities

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."
Republic Aviation Corp. v. Board
324 U.S. 793 (1945) Cited 495 times 34 Legal Analyses
Finding an absence of special circumstances where employer failed to introduce evidence of "unusual circumstances involving their plants."
Labor Board v. Babcock Wilcox Co.
351 U.S. 105 (1956) Cited 294 times 19 Legal Analyses
Holding that the Board could not require an employer to allow non-employee union representatives to enter the employer's parking lot
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
F.P.C. v. Tuscarora Indian Nation
362 U.S. 99 (1960) Cited 204 times 7 Legal Analyses
Holding that tribal lands were subject to takings by the Federal Power Commission
Canning v. Nat'l Labor Relations Bd.
705 F.3d 490 (D.C. Cir. 2013) Cited 96 times 37 Legal Analyses
Holding that such a challenge qualifies as an "extraordinary circumstance"
Choctaw Nation v. U.S.
318 U.S. 423 (1943) Cited 185 times
Holding that treaties involving Indian tribes "are to be construed, so far as possible, in the sense in which the Indians understood them ...."
The Fl. Paraplegic v. Miccosukee T., I., FL
166 F.3d 1126 (11th Cir. 1999) Cited 82 times
Holding Title III of the Americans with Disabilities Act applied to tribe's restaurant and gaming facility
Dobbs v. Anthem Blue Cross and Blue Shield
600 F.3d 1275 (10th Cir. 2010) Cited 52 times 1 Legal Analyses
Holding that "a plan qualifies as a governmental plan [under section 1002(32) ] only if ... all of the participants are employees primarily engaged in essential governmental functions rather than commercial activities"
Donovan v. Coeur d'Alene Tribal Farm
751 F.2d 1113 (9th Cir. 1985) Cited 79 times 7 Legal Analyses
Holding that OSHA applied to a tribe's commercial activities

Soaring Eagle Casino and Resort, An Enterprise of the Saginaw Chippewa Indian Tribe of Michigan

29 Cited authorities

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."

Finding an absence of special circumstances where employer failed to introduce evidence of "unusual circumstances involving their plants."

Holding that the Board could not require an employer to allow non-employee union representatives to enter the employer's parking lot

Holding that the "but for" test applied in a "mixed motive" case under the National Labor Relations Act

Holding that tribal lands were subject to takings by the Federal Power Commission

Holding that such a challenge qualifies as an "extraordinary circumstance"

Holding that treaties involving Indian tribes "are to be construed, so far as possible, in the sense in which the Indians understood them ...."

Holding Title III of the Americans with Disabilities Act applied to tribe's restaurant and gaming facility

Holding that "a plan qualifies as a governmental plan [under section 1002(32) ] only if ... all of the participants are employees primarily engaged in essential governmental functions rather than commercial activities"

Holding that OSHA applied to a tribe's commercial activities