Iowa Express Distribution, Inc. v. National Labor Relations Board
Court of Appeals for the Eighth Circuit
1Opinion of the Court
FAGG, Circuit Judge.
Iowa Express Distribution, Inc. (IED) petitions this court for review of an order of the National Labor Relations Board dismissing IED’s application for attorneys fees under the Equal Access to Justice Act (EAJA), 5 U.S.C. § 504(c)(2). The issue for review is whether the Board abused its discretion in denying attorneys fees by deciding that the NLRB General Counsel was substantially justified in bringing an unfair labor practice case against IED. The dispute focuses on whether it was reasonable for the General Counsel to allege in its suit that IED was merely an alter ego…
2Cases cited17 opinions
- Wallis D. CORNELLA, Appellant, v. Richard SCHWEIKER, Secretary, Health & Human Services, AppelleeCourt of Appeals for the Eighth Circuit · 1984
- Radio & Television Broadcast Technicians Local Union 1264 v. Broadcast Service of Mobile, Inc.Supreme Court of the United States · 1965
- Stanley Spencer v. National Labor Relations BoardCourt of Appeals for the D.C. Circuit · 1983
- Southport Petroleum Co. v. National Labor Relations BoardSupreme Court of the United States · 1942
- Natural Resources Defense Council, Inc. v. U.S. Environmental Protection Agency, Chemical Manufacturers Association, IntervenorsCourt of Appeals for the Third Circuit · 1983
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3Cited by61 opinions
- Albert JACKSON, Appellant, v. Otis R. BOWEN, Secretary of Health and Human Services, AppelleeCourt of Appeals for the Eighth Circuit · 1986
- Terry J. Artis v. Francis Howell North Band Booster Association, Inc. Francis Howell R-Iii School District Joseph StacyCourt of Appeals for the Eighth Circuit · 1998
- Lawrence Keasler and Keasler Body Company, Inc. v. United StatesCourt of Appeals for the Eighth Circuit · 1985
- David J. Powell and Estate of Jeane D. Powell, Deceased, David J. Powell v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1986
- National Labor Relations Board v. Allcoast Transfer, Inc. And Ward Moving and Storage, Inc.Court of Appeals for the Sixth Circuit · 1986
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