Legal Opinion

BE&K Construction Co. v. National Labor Relations Board

Supreme Court of the United States

Decided June 24, 2002No. 01-518PublishedCited by 293 opinions

1Opinion of the CourtJustice O’Connor

Petitioner sued respondent unions, claiming that their lobbying, litigation, and other concerted activities violated federal labor law and antitrust law. After petitioner lost on or withdrew each of its elaims, the National Labor Relations Board decided petitioner had violated federal labor law by prosecuting an unsuccessful suit with a retaliatory motive. The Court of Appeals affirmed. Because we find the Board *520lacked authority to assess liability using this standard, we reverse and remand.

I

Petitioner, an industrial general contractor, received a contract to modernize a California steel mill…

2Cases cited22 opinions

  1. New York Times Co. v. SullivanSupreme Court of the United States · 1964
  2. Gertz v. Robert Welch, Inc.Supreme Court of the United States · 1974
  3. National Ass'n for the Advancement of Colored People v. ButtonSupreme Court of the United States · 1963
  4. Eastern Railroad Presidents Conference v. Noerr Motor Freight, Inc.Supreme Court of the United States · 1961
  5. Garrison v. LouisianaSupreme Court of the United States · 1964

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3Cited by293 opinions

  1. Content Extraction & Transmission LLC v. Wells Fargo BankCourt of Appeals for the Federal Circuit · 2014
  2. Borough of Duryea v. GuarnieriSupreme Court of the United States · 2011
  3. Justin Ringgold-Lockhart v. County of Los AngelesCourt of Appeals for the Ninth Circuit · 2014
  4. Lozman v. Riviera BeachSupreme Court of the United States · 2018
  5. Sosa v. DIRECTV, Inc.Court of Appeals for the Ninth Circuit · 2006

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