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Home / Opinion Digests / Employment Law / Union may assert good-faith defense (access required)

Union may assert good-faith defense (access required)

In a case of first impression, a private party is entitled to assert the good-faith defense to liability under § 1983. As such, unions that collected representation fees from nonunion teachers prior to the Supreme Court holding such fees were unconstitutional, were not required to return the funds because they acted in good faith based ...