Otis Elevator Co. v. International Union of Elevator Constructors, Local 4

How courts have described this case

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

• holding that substantial justification 9 cannot be determined from a litigant’s ultimate position, but 10 requires the court to examine its positions earlier in the 11 litigation
• highlighting the “fundamental principle of industrial relations in the United States that labor disputes are settled through voluntary arbitration rather than labor/management strife”
• highlighting the \fundamental principle of industrial relations in the United States that labor disputes are settled through voluntary arbitration rather than labor/management strife\
• stating a 16 plaintiff must allege adverse action was “because of . . . that prisoner’s protected conduct”
• stating a 9 plaintiff must allege adverse action was “because of . . . that prisoner’s protected conduct”
• declining to consider whether the district court erred by issuing a preliminary injunction without first holding an evidentiary hearing

Source: CourtListener parenthetical corpus (CC0).