· 2/16/1982
National Labor Relations Board v. Robin American Corporation
Citations
- 667 F.2d 1170
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding exhaustion “futile, if not frivolous” partly because Board’s order was “in accord with Fifth Circuit precedent” at the time.
- distinguishing the impact of a case’s “overruling of a previously controlling [doctrine]” from “pronounc[ing] a new doctrine”
- simple pronouncement of “new doctrine” would not constitute extraordinary circumstance but intervening Supreme Court decision that overruled previously controlling Fifth Circuit doctrine was extraordinary circumstance
- futility where Board’s order “was fully in accord with Fifth Circuit precedent”
- futility satisfied when a controlling doctrine was only recently overruled
Source: CourtListener parenthetical corpus (CC0).
Judges: Godbold, Morgan, Henderson
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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