Overnite Transportation Company v. National Labor Relations Board, International Brotherhood of Teamsters, Local 728, Intervenor

How courts have described this case

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

• holding that agency is provable only by principal’s conduct, and not by subjective beliefs of those dealing with alleged agent
• “[T]he decision of whether to draw an adverse inference has generally been held to be within the discretion of the fact finder.”
• “[T]he decision of whether to draw an adverse inference has generally been held to be within the discretion of the fact finder.”
• “[T]he decision of whether to draw an adverse inference has generally been held to be within the discretion of the [Board as the] fact finder.”
• find- ing, in context of NLRB, that “the decision of whether to draw an adverse inference has generally been held to be within the discretion of the fact finder”
• “Apparent authority exists when the principal engages in conduct that, reasonably interpreted, causes the third person to believe that the principal consents to have the act done on his behalf by the person purporting to act for him.” (Internal quotation marks omitted.)

Source: CourtListener parenthetical corpus (CC0).