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Tag Archives: Labor

Injunctive relief fails on one Winter factor (access required)

A district court did not err in denying preliminary injunctive relief to preserve the National Labor Relations Board’s ability to award relief following its adjudication of unfair labor practice charges against two hospitals. Because the Board did not show irreparable ...

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4th Cir.: Rule 9 particularity applies to fraud-based defenses (access required)

An employer’s collective bargaining impasse rights did not override its ERISA obligations to employees hired post-impasse. The employer also didn’t plead its fraud-dependent affirmative defenses with sufficient particularity. Background Appellant Just Born II Inc. and the Bakery, Confectionary and Tobacco ...

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4th Cir.: Arbitrator’s decision mooted injunction appeal (access required)

An employer enjoined from moving its operations could no longer pursue its appeal after an arbitrator’s final decision. The matter was moot, despite the employer’s intention to seek attorneys’ fees. Background Appellant Airgas Inc. operates a facility in Hyattsville, Maryland, ...

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