Legal Opinion
Livingston Powdered Metal, Inc. v. National Labor Relations Board
Court of Appeals for the Third Circuit
Decided January 25, 1982No. 81-1464PublishedCited by 22 opinions
1Opinion of the Court
OPINION OF THE COURT
WEIS, Circuit Judge.
As this case demonstrates, “better late than never” is not necessarily a reliable adage for a lawyer who represents a client before an administrative agency. The controversy here began when an employer’s answer to an NLRB complaint was held untimely because it was received several days after the date it was due to be filed, even though it was mailed on the due date. The Board decided that “late” was the same as “never” and entered a default against the employer. Because the answer alleges defenses that deserve evaluation by the agency, late filing would…
2Cases cited8 opinions
- Tozer v. Charles A. Krause Milling Co.Court of Appeals for the Third Circuit · 1951
- First National Maintenance Corp. v. National Labor Relations BoardSupreme Court of the United States · 1981
- John C. Keegel v. Key West & Caribbean Trading Company, Inc.Court of Appeals for the D.C. Circuit · 1980
- Eli L. Medunic and Dolores M. Medunic v. Louis W. LedererCourt of Appeals for the Third Circuit · 1976
- Hutton v. FisherCourt of Appeals for the Third Circuit · 1966
3 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Aida Feliciano v. Reliant Tooling Company, Ltd. And Union Special Corporation, Sun Alliance and London Insurance, LimitedCourt of Appeals for the Third Circuit · 1982
- Andrew N. Farnese v. Alberto M. Bagnasco and Laila Covre, A.K.A. Laila Bagnasco. Appeal of Alberto M. BagnascoCourt of Appeals for the Third Circuit · 1982
- Invst Financial Group, Inc. v. Chem-Nuclear Systems, Inc.Court of Appeals for the Sixth Circuit · 1987
- FROF, INC. v. HarrisDistrict Court, E.D. Pennsylvania · 1988
- In Re BildiscoCourt of Appeals for the Third Circuit · 1982
17 more not listed; retrieve them via the Exa API.