Holding that dismissal under Rule 12(b) would be “unusual” when the facts necessary to succeed on the merits are at least in part the same as must be alleged or proven to withstand jurisdictional attacks
Holding that an injured child's FTCA claim could not have accrued when the child's doctors "had not yet reached a conclusion" as to the cause of the child's injury
Holding that courts must not "substitute [their] judgment for those of the Board with respect to the issues that Congress intended the Board should resolve"
In Souter, the plaintiff, who was African-American, sued his labor union for a breach of duty under section 301 of Labor Management Relations Act. He submitted evidence of racially-derisive graffiti on the walls of the automobile plant where he worked and contended that "a racist atmosphere pervaded the [plant] and contributed to hostile attitudes on the part of the union.
Holding termination provision of CBA should be strictly construed because “the terms of a collective bargaining agreement are to be enforced strictly when the terms are unambiguous”
Finding that court was precluded from deciding defendant's argument "that the settlement of the unfair labor practice charges filed with the NLRB renders the grievance committee's report and award unenforceable" because defendant "failed to raise this issue in a timely motion to vacate, modify or correct the grievance committee's award."
Holding that the employer acted inconsistently with its noticed intent to withdraw from group bargaining where employer repeatedly requested information and spoke with negotiators concerning a contract to take effect after the date of withdrawal