439 U.S. 322 (1979) Cited 4,298 times 8 Legal Analyses
Holding that district courts have discretion to refuse to apply offensive non-mutual collateral estoppel against a defendant if such an application of the doctrine would be unfair
Holding that the government could not enact legislation to take back land it had expressly reserved for the Sioux Nation without committing a constitutional taking
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 Marlene Industries Corp. v. N.L.R.B., 712 F.2d 1011 (6th Cir. 1983), this Court stated: "[w]e are mindful of the admonishment that 'neither collateral estoppel nor res judicata is rigidly applied.
Granting petition for review and vacating unfair labor practice finding because Board interpretation of "any employee who engages in a strike" under section 8(d) of Act was "in conflict with both interpretive precedent and the statute's structure" and produced "internal inconsistency" and "irrational results in practice"
Holding that employer engaged in surface bargaining despite the fact employer had attended six bargaining sessions with union, commented on proposals, offered counterproposals, and maintained bargaining stance that had at least some merit, because vice president of employer expressly stated that employer would not sign contract with union, openly threatened to shut down terminal in order to defeat union, and implied that employer would force strike situation and permanently dismiss those employees who left to join picket lines