HTH Corporation, Pacific Beach Corporation, and Koa Management, LLC dba Pacific Beach Hotel (as a si

94 Cited authorities

Link v. Wabash Railroad Co.
370 U.S. 626 (1962) Cited 24,643 times 4 Legal Analyses
Holding that Rule 41(b)'s allowance for a party to move to dismiss for failure to prosecute did not implicitly abrogate the court's power to dismiss sua sponte
Alyeska Pipeline Co. v. Wilderness Soc'y
421 U.S. 240 (1975) Cited 4,764 times 9 Legal Analyses
Holding American Rule governed absent specific statutory authorization for awarding attorney fees to prevailing party
Roadway Express, Inc. v. Piper
447 U.S. 752 (1980) Cited 2,895 times 3 Legal Analyses
Holding that a court may impose attorney's fee sanction against opposing counsel for “abusive litigation practices” only in “narrowly defined circumstances,” including where the court makes a finding that “counsel's conduct ... constituted or was tantamount to bad faith”
Edison Co. v. Labor Board
305 U.S. 197 (1938) Cited 19,124 times 6 Legal Analyses
Holding that a Board order cannot be grounded in hearsay
Albemarle Paper Co. v. Moody
422 U.S. 405 (1975) Cited 2,622 times 6 Legal Analyses
Holding that an employment policy cannot stand if another policy, "without a similarly undesirable racial effect, would also serve the employer's legitimate interest"
Griffin v. Oceanic Contractors, Inc.
458 U.S. 564 (1982) Cited 1,270 times 2 Legal Analyses
Holding that a court has no discretion in the assessment of the double-wage penalty
Pollard v. E. I. du Pont de Nemours Co.
532 U.S. 843 (2001) Cited 408 times 2 Legal Analyses
Holding that front pay is an equitable remedy
Nat'l Labor Relations Bd. v. Gissel Packing Co.
395 U.S. 575 (1969) Cited 1,033 times 65 Legal Analyses
Holding a bargaining order may be necessary "to re-establish the conditions as they existed before the employer's unlawful campaign"
Sure-Tan, Inc. v. Nat'l Labor Relations Bd.
467 U.S. 883 (1984) Cited 415 times 3 Legal Analyses
Holding that NLRB could order reinstatement with back pay as a remedy for constructive discharge
Metropolitan Edison Co. v. Nat'l Labor Relations Bd.
460 U.S. 693 (1983) Cited 309 times 8 Legal Analyses
Holding that a union may, under certain circumstances, waive members' NLRA rights
Section 2000e-2 - Unlawful employment practices
42 U.S.C. § 2000e-2 Cited 28,836 times 171 Legal Analyses
Adopting case law prior to June 4, 1989, “with respect to the concept of ‘alternative employment practice’ ”
Section 2000e-5 - Enforcement provisions
42 U.S.C. § 2000e-5 Cited 27,212 times 124 Legal Analyses
Holding charges must be made in writing, under oath, and contain all information as the Commission requires
Section 1988 - Proceedings in vindication of civil rights
42 U.S.C. § 1988 Cited 22,017 times 44 Legal Analyses
Finding that 28 U.S.C. § 1920 defines the term "costs" as used in Rule 54(d) and enumerates the expenses that a federal court may tax as a cost under the discretionary authority granted in Rule 54(d)
Section 216 - Penalties
29 U.S.C. § 216 Cited 16,662 times 143 Legal Analyses
Holding employers liable for “unpaid minimum wages, or their unpaid overtime compensation”
Section 623 - Prohibition of age discrimination
29 U.S.C. § 623 Cited 10,218 times 51 Legal Analyses
Holding that under the ADEA, it is unlawful to discriminate against individuals who are at least forty years of age
Section 2617 - Enforcement
29 U.S.C. § 2617 Cited 2,212 times 11 Legal Analyses
Providing a right of action to employees
Section 153 - National Railroad Adjustment Board
45 U.S.C. § 153 Cited 1,586 times
Stating that parties may void contracts in certain instances of unilateral mistake
Section 2104 - Administration and enforcement of requirements
29 U.S.C. § 2104 Cited 356 times 8 Legal Analyses
Authorizing attorney fees to prevailing party

HTH Corporation, Pacific Beach Corporation, and Koa Management, LLC dba Pacific Beach Hotel (as a si

94 Cited authorities

Holding that Rule 41(b)'s allowance for a party to move to dismiss for failure to prosecute did not implicitly abrogate the court's power to dismiss sua sponte

Holding American Rule governed absent specific statutory authorization for awarding attorney fees to prevailing party

Holding that a court may impose attorney's fee sanction against opposing counsel for “abusive litigation practices” only in “narrowly defined circumstances,” including where the court makes a finding that “counsel's conduct ... constituted or was tantamount to bad faith”

Holding that a Board order cannot be grounded in hearsay

Holding that an employment policy cannot stand if another policy, "without a similarly undesirable racial effect, would also serve the employer's legitimate interest"

Holding that a court has no discretion in the assessment of the double-wage penalty

Holding that front pay is an equitable remedy

Holding a bargaining order may be necessary "to re-establish the conditions as they existed before the employer's unlawful campaign"

Holding that NLRB could order reinstatement with back pay as a remedy for constructive discharge

Holding that a union may, under certain circumstances, waive members' NLRA rights

Adopting case law prior to June 4, 1989, “with respect to the concept of ‘alternative employment practice’ ”

Holding charges must be made in writing, under oath, and contain all information as the Commission requires

Finding that 28 U.S.C. § 1920 defines the term "costs" as used in Rule 54(d) and enumerates the expenses that a federal court may tax as a cost under the discretionary authority granted in Rule 54(d)

Holding employers liable for “unpaid minimum wages, or their unpaid overtime compensation”

Holding that under the ADEA, it is unlawful to discriminate against individuals who are at least forty years of age

Providing a right of action to employees

Stating that parties may void contracts in certain instances of unilateral mistake

Authorizing attorney fees to prevailing party