Greene v. Dep't of Justice

How courts have described this case

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

• noting that procedural requirements “can be measured in context,” and following other courts who have held that “‘when the policies underlying [Section 10(e
• recognizing “a futility exception” — in a decision not cited by Chipotle — because, among other reasons, the Board had already “discussed” and “preemptively denied” the potential objection, so filing a motion to reconsider would have been “an empty formality”
• finding the NLRB had “preemptively denied that it had denied due process,” so “[a]ny attempt by the [company] to add to the debate . . . would have been futile.”
• an intervenor may not raise affirmative defense of exhaustion of remedies when original defendant failed to raise it
• “Administrative due process, reflecting constitutional standards, requires that ‘[p]ersons entitled to notice of an agency hearing shall be timely informed of . . . (3) the matters of fact and law asserted.’” (quoting 5 U.S.C. § 554(b)(3)) (alteration and omission in original

Source: CourtListener parenthetical corpus (CC0).