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BE & K Construction Co. v. NLRB

Docket No.: 01-518
Certiorari Granted: Jan 4 2002
Argued: April 16, 2002
Decided: June 24, 2002

Topics:

Amendment 1: Speech, Press, and Assembly, Unions, Antitrust, Article I, Bill of Rights, Civil Procedure, Eighth Amendment, Federal Rules of Civil Procedure, First Amendment, NLRA, National Labor Relations Act, Sherman Act, Unions, antitrust, concerted activity, copyright, habeas, judicial review, protected activities, qualified immunity, retaliation, stare decisis

PartyNames: BE&K Construction Company v. National Labor Relations Board, et al.
Petitioner: BE&K Construction Company
Respondent: National Labor Relations Board, et al.

Court Below: United States Court of Appeals for the Sixth Circuit
Citation: 246 F.3d 619
Lower Court Decision
Supreme Court Docket

BE&K Construction Company
v.
National Labor Relations Board, et al.
536 U.S. 516 (2002)
Question:

Did the Court of Appeals err in holding that the National Labor Relations Board may impose liability on an employer for filing a losing retaliatory lawsuit, even if the employer could show the suit was not objectively baseless?

BE & K Construction Co. v. NLRB
ORAL ARGUMENT

April 16, 2002

Holding: reversed and remanded
Decision: Decision: 9 votes for BE & K Construction Co., 0 vote(s) against

BE & K Construction Co. v. NLRB
Case Documents

1Opinion in BE & K Construction Co. v. NLRB
2Opinion in BE & K Construction Co. v. NLRB
Additional documents for this case are pending review.