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BE&K Construction Co. v. NLRB (2002)  [Findlaw]

Argument Date 04/16/2002
Decided 06/24/2002
Supreme Court Vote 9-0
Supreme Court Ruling First Amendment claim denied.
 
IssueDid the Court of Appeals err in holding that under Bill Johnson’s Restaurants, Inc. v. NLRB, 461 U.S. 731 (1983), the NLRB may, consistent with the First Amendment, impose liability on an employer for filing a losing retaliatory lawsuit, even if the employer could show the suit was not objectively baseless?
Majority Opinion per Justice O’Connor
Concurring Opinion Justice Scalia concurring and Justice Breyer concurring in part and concurring in the judgment
Certiorari Granted 01/04/2002
Lower Court 6th Circuit
Lower Court Ruling First Amendment claim denied (stat. interp.)
Oral Arguments Transcript
Oral Arguments  [Oyez]
Lawyers
For Petitioner
Maurice Baskin

For Respondent
Austin Schlick

Lawrence Wallace

Briefs
Michael E. Avakian
Tony Mauro Analysis
Supreme Court gives nod to petition in labor case

Opinion - Lower Court
BE&K Construction Co. v. NLRB (2002)

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