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U.S. Supreme Court

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Docket Number

Term

2023 Term

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Questions Presented

Whether courts must evaluate the NLRB’s requests for section 10(j) injunctions under the traditional, stringent four-factor test for preliminary injunctions or under some other more lenient standard.

Additional Information

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Case Updates

U.S. Supreme Court holds that when considering the NLRB’s request for a preliminary injunction under Section 10(j) of the National Labor Relations Act, district courts must apply the traditional four factors articulated in Winter v. Natural Resources Defense Council, Inc.

June 13, 2024

Opinion

U.S. Chamber files coalition amicus brief urging Supreme Court to reject watered-down Section 10(j) injunction standard that results in extreme and unwarranted deference to NLRB

February 28, 2024

U.S. Chamber Coalition Amicus Brief

Gregory G. Garre and Peter E. Davis of Latham & Watkins LLP served as outside counsel.

Cert. petition granted

January 12, 2024

U.S. Chamber files coalition amicus brief urging Supreme Court to resolve entrenched split over test the NLRB must satisfy to obtain preliminary injunctive relief under Section 10(j) of National Labor Relations Act

November 06, 2023

U.S. Chamber Coalition Amicus Brief

Gregory G. Garre and Peter E. Davis of Latham & Watkins LLP and the U.S. Chamber’s Litigation Center served as co-counsel for the U.S. Chamber.

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