Case Status

1 result

BE&K CONSTR. CO. v. NLRB, ET AL. (27011)

    Order dated: 01/04/02
    Docket number: 01-518
    Action:
        The petition for writ of certiorari is granted limited to the following question: Did the Court of Appeals err in holding that under Bill Johnson’s Restaurants, Inc. v. NLRB, 461 U.S. 731 (1983), the NLRB may impose liability on an employer for filing a losing retaliatory lawsuit, even if the employer could show the suit was not objectively baseless under Professional Real Estate Investors, Inc. v. Columbia Pictures Industries, Inc., 508 U.S. 49 (1993)?

A description of the questions presented by the case has been prepared:

Did the Court of Appeals err in holding that under Bill johnson 's Restaurants, Inc. v. NLRB, 461 U.S. 731 (1983), the NLRB may impose liability on an employer for filing a losing retaliatory lawsuit, even if the employer could show the suit was not objectively baseless under Professional Real Estate Investors, Inc. v. Columbia Pictures Industries, Inc., 508 U.S. 49 (1993)?

An opinion has been handed down: