April 23, 2024
The U.S. Supreme Court appears likely to hold that the courts' traditional factors apply when the National Labor Relations Board pursues injunctions, though it's unclear from Tuesday's argument how closely it will direct courts to examine a key factor: the strength of the board's case.
April 19, 2024
The U.S. Supreme Court will return Monday for the term's final week of oral arguments, during which it will consider several high-stakes disputes, including whether a federal healthcare law can preempt state abortion bans and whether former President Donald Trump is entitled to immunity from criminal charges related to official acts.
April 12, 2024
Starbucks told the U.S. Supreme Court on Friday that siding with the National Labor Relations Board's arguments about deference to the agency for federal court injunction requests would "open the floodgates" in other ways for deference to federal agencies.
April 02, 2024
A group of labor law professors defended the National Labor Relations Board's ability to dodge certain injunction requirements placed on private parties in a brief to the U.S. Supreme Court, recommending the justices side with the agency over Starbucks in a dispute about how the NLRB obtains injunctions.
March 28, 2024
The AFL-CIO backed the National Labor Relations Board on Thursday in Starbucks' case at the U.S. Supreme Court seeking to unify the standards courts apply to the agency's injunction bids, saying the courts all use effectively the same test, even if some apply more or different factors than others.
March 25, 2024
The National Labor Relations Board told the U.S. Supreme Court that Starbucks is ignoring the history of how courts use injunction standards under federal labor law, explaining to the justices that a two-part test doesn't lead to more favorable outcomes for the agency.
February 29, 2024
The U.S. Chamber of Commerce and other employer groups urged the U.S. Supreme Court to reverse a Sixth Circuit decision over the rehire of seven fired Starbucks workers in Memphis, Tennessee, telling the nine justices to do away with a "watered-down" injunction test.
February 21, 2024
Federal courts nationwide should require the National Labor Relations Board to satisfy four criteria to win injunctions in labor disputes, Starbucks told the U.S. Supreme Court on Wednesday, saying that applying certain jurisdictions' more lenient criteria grants the NLRB a "blank check" for obtaining injunctions.
January 12, 2024
The U.S. Supreme Court is poised to standardize the circuit courts' approach to vetting National Labor Relations Board injunction bids after accepting on Jan. 12 Starbucks' challenge to a Sixth Circuit ruling upholding an order to rehire seven fired workers.
January 01, 2024
A wide variety of cases are likely to keep retail industry attorneys busy in 2024, including high-profile antitrust actions against Amazon and Google, a growing number of greenwashing disputes, and skirmishes between major retailers and their increasingly unionized workforces.