466 U.S. 485 (1984) Cited 1,626 times 5 Legal Analyses
Holding that the clear-error standard "does not inhibit an appellate court's power to correct errors of law, including ... a finding of fact that is predicated on a misunderstanding of the governing rule of law"
485 U.S. 568 (1988) Cited 726 times 10 Legal Analyses
Holding that a union’s distribution of handbills at the entrances of a shopping mall was not threatening, coercing, or restraining within meaning of section 8(b) because there had been "no violence, picketing, or patrolling," and "no suggestion that the leaflets had any coercive effect on customers of the mall"
462 U.S. 393 (1983) Cited 650 times 11 Legal Analyses
Holding that the employer bears the burden of negating causation in a mixed-motive discrimination case, noting "[i]t is fair that [the employer] bear the risk that the influence of legal and illegal motives cannot be separated."
437 U.S. 556 (1978) Cited 196 times 13 Legal Analyses
Holding that a newsletter that "urg[ed] employees to write their legislators to oppose incorporation of the state 'right-to-work' statute into a revised state constitution," "criticiz[ed] a Presidential veto of an increase in the federal minimum wage and urg[ed] employees to register to vote" was protected concerted activity
In Jolliff, we canvassed the tests and approaches of other circuits and created a framework for ascertaining whether a defamatory meaning can be gleaned from the allegedly defamatory statement.