Clarke v. Burke

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• finding Department of Labor’s “pursuit of debarment and liquidation of back-pay claims” was exempt from automatic stay under either test where action was “primarily to prevent unfair competition in the market” and use of remedy was not an assertion of private rights
• “[The NLRB] does not run afoul of section 362(b)(5)[6] by attempting to reduce a claim to judgment: [it] is merely seeking entry of judgment and is not trying to seize P*I*E’s property to satisfy a money judgment.”
• “The applicability of the automatic stay provision is a question of law within the competence of the judiciary.” (citing NLRB v. Edward Cooper Painting, Inc., 804 F.2d 934, 938-39 (6th Cir. 1986); In re: Baldwin-United Corp. Litig., 765 F.2d 343, 347 (2d Cir. 1985)
• “The applicability of the automatic stay provision is a question of law within the competence of the judiciary.” (citing NLRB v. Edward Cooper Painting, Inc., 804 F.2d 934, 938-39 (6th Cir. 1986); In re: Baldwin-United Corp. Litig., 765 F.2d 343, 347 (2d Cir. 1985)
• defenses waived if not raised in opening brief

Source: CourtListener parenthetical corpus (CC0).