Legal Opinion

Cornele Overstreet v. Shamrock Foods Company

Court of Appeals for the Ninth Circuit

Decided February 17, 2017No. 16-15172UnpublishedCited by 1 opinion

1Opinion of the Court

MEMORANDUM **

Shamrock Foods appeals the district court’s grant of a temporary injunction under Section 100) of the National Labor Relations Act (“NLRA”), 29 U.S.C. § 1600). We affirm.

1. As an initial matter, the portions of the temporary injunction related to the discharge of Thomas Wallace are not moot, notwithstanding the settlement agreement in which Wallace accepted a $214,000 payment in lieu of reinstatement, and waived his right to reinstatement and to any other administrative remedy. Claims are moot “[i]f there is no longer a possibility that [the litigant] can obtain relief for his…

2Cases cited10 opinions

  1. National Labor Relations Board v. Gissel Packing Co.Supreme Court of the United States · 1969
  2. Chamber of Commerce of United States v. BrownSupreme Court of the United States · 2008
  3. Foster v. CarsonCourt of Appeals for the Ninth Circuit · 2003
  4. Gabriel Ruvalcaba v. City of Los Angeles Daryl Gates, Martin Coon, ( 21604) in Both Their Personal and Official CapacitiesCourt of Appeals for the Ninth Circuit · 1999
  5. Frankl v. HTH Corp.Court of Appeals for the Ninth Circuit · 2011

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3Cited by1 opinion

  1. Overstreet v. Lucid USA IncorporatedDistrict Court, D. Arizona · 2024

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