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Appellate Courts › The National Labor Relations Act › Supreme Court of the United States

Shipman & Goodwin LLP

Limitations on the NLRB’s Power: Did Loper Bright Sound the Death Knell?

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Two recent appellate arguments underscore the heightened judicial scrutiny facing the National Labor Relations Board (“NLRB”) following the Supreme Court’s decision last summer, Loper Bright Enterprises Inc v. Raimondo. While...more

Sheppard Mullin Richter & Hampton LLP

Fifth Circuit Rules NLRB Structure Likely Unconstitutional

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On August 19, 2025, the Fifth Circuit upheld injunctions barring the National Labor Relations Board (“NLRB” or the “Board”) from prosecuting unfair labor practice cases against SpaceX and two other companies. In its decision,...more

Husch Blackwell LLP

Does Loper Bright Simply Not Matter to the D. C. Circuit When It Comes to the NLRB? Will the Supreme Court Weigh In?

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On July 31, 2025, Hood River Distillers, Inc. filed a petition for writ of certiorari imploring the Supreme Court to overturn a ruling of the D. C. Circuit. The D. C. Circuit had affirmed a National Labor Relations Board...more

Jackson Lewis P.C.

The U.S. Supreme Court Overturned Chevron: What That Means for the NLRB

Jackson Lewis P.C. on

The U.S. Supreme Court’s decision in Loper Bright Enterprises et al. v. Raimondo and Relentless, Inc. v. Department of Commerce, Nos. 21-5166/22-1219, (June 28, 2024) overturning the Chevron doctrine left open the future...more

Littler

Littler Lightbulb – January Employment Appellate Roundup

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At the Supreme Court - Recovery of Damages for Property Destroyed During a Strike. On January 10, 2023, the Supreme Court heard oral argument in Glacier Northwest v. International Brotherhood of Teamsters.  At issue is...more

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