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   Federal Courts - DC Circuit Court and Court of Appeals - March 16, 2007

  
Am. Airlines, Inc. v. Transp. Sec. Admin., No. 06-1093 Consolidated with 06-1101, 06-1103, 06-1107, 06-1108, 06-1114, 06-1124, 06-1125, 06-1129, 06-1130, 06-1135, 06-1137, 06-1252, 06-1253, 06-1254, 06-1255, 06-1256, 06-1257, 06-1258, 06-1259, 06-1260, 06-1261, 06-1263, 06-1264, 06-1265, 06-1266, 06-1267, 06-1268, UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, March 16, 2007, Filed
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Carpenters & Millwrights, Local Union 2471 v. NLRB, No. 05-1416 Consolidated with 06-1098, UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, March 16, 2007, Decided
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Overview: NLRB's reversal of ALJ's piercing corporate veil could not stand, 29 U.S.C.S. § 160(e), (f). NLRB, inter alia, failed to identify evidence sufficient to support finding that company had decided to shut down before it began distributing cash to owners, and likewise failed to explain why it rejected evidence that was contrary to that finding.

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Cintas Corp. v. NLRB, No. 05-1305 Consolidated with 05-1340, UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, March 16, 2007, Decided
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Overview: While union flyers had employees' pictures and names along with their wage rates and other terms of employment, and the employer had taken no disciplinary actions against the employees, a rule warning of unauthorized release of confidential information concerning employees still violated 20 U.S.C.S. § 158(a)(1) and the NLRB's decision was upheld.

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East Ky. Power Coop., Inc. v. FERC, No. 06-1003, UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, March 16, 2007, Filed
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Enloe Med. Ctr. v. NLRB, No. 06-1050 Consolidated with 06-1104, UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, March 16, 2007, Filed
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Overview: NLRB's order overruling employer's objections to union election was enforced; although Board did not make available for testimony NLRB agents who supervised election, employer never established that testimony was needed to resolve any issue or that agents' alleged misconduct created a reasonable possibility of an incorrect election outcome.

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Gaviria v. Reynolds, No. 05-7010, UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, March 16, 2007, Filed
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Hinnant v. Britton-Jackson, No. 07-7011, UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, March 16, 2007, Filed
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In re Pennington, No. 07-8501, UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, March 16, 2007, Filed
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In re Thyden, No. 07-8502, UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, March 16, 2007, Filed
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Lessin v. Merrill Lynch, Pierce, Fenner & Smith, Inc., No. 06-7067, UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, March 16, 2007, Decided
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Overview: Modest arbitration award in investor's favor was not vacated pursuant to 9 U.S.C.S. § 10(a); arbitration panel did not deprive investor of fair hearing by declining to hear from his second expert witness, who opined that broker's notes were backdated, because other evidence allowed conclusion that broker's testimony was credible.

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