Legal Opinion
William F. Martin, George F. Hutcheson, Ray Johnson v. Garman Construction Company, a Corporation
Court of Appeals for the Seventh Circuit
Decided October 17, 1991No. 90-2177PublishedCited by 26 opinions
1Opinion of the Court
CUDAHY, Circuit Judge.
This case asks us to determine the pre-clusive effect of a decision by the National Labor Relations Board (Board or NLRB) on a subsequent district court action under the Employee Retirement Income Security Act of 1974, 29 U.S.C. §§ 1132, 1145 (1988) (ERISA). We conclude that on the facts of this case, the Board’s decision that the employer had not committed an unfair labor practice does not preclude the district court from later finding that the employer faced liability under ERISA.
I
In March 1981 Garman Construction Company (Garman), a small general contractor, and Local…
2Cases cited15 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Parklane Hosiery Co. v. ShoreSupreme Court of the United States · 1979
- San Diego Building Trades Council v. GarmonSupreme Court of the United States · 1959
- United States v. Utah Construction & Mining Co.Supreme Court of the United States · 1966
- Laborers Health & Welfare Trust Fund v. Advanced Lightweight Concrete Co.Supreme Court of the United States · 1988
10 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Robert J. Downes v. Volkswagen of America, Inc.Court of Appeals for the Seventh Circuit · 1994
- Satinder S. Rekhi v. Wildwood Industries, IncorporatedCourt of Appeals for the Seventh Circuit · 1995
- Thomas J. Moriarty v. James F. Svec, Individually, Doing Business as Svec and Sons Funeral Home and Doing Business as West Suburban LiveryCourt of Appeals for the Seventh Circuit · 1999
- Moriarty v. Glueckert Funeral Home, Ltd.Court of Appeals for the Seventh Circuit · 1998
- Cremation Society of Illinois, Inc. v. International Brotherhood of Teamsters Local 727Court of Appeals for the Seventh Circuit · 2017
21 more not listed; retrieve them via the Exa API.