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ERIC L. THOMPSON, Plaintiff-Appellant, v. NORTH AMERICAN STAINLESS, LP, Defendant-Appellee. |
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Appeal from the United States District Court
for the Eastern District of Kentucky at Frankfort.
No. 05-00002—Karen K. Caldwell, District Judge.
Argued: September 18, 2007
Decided and Filed: March 31, 2008
Before: MOORE and GRIFFIN, Circuit Judges; TARNOW, District Judge.
TARNOW, District Judge. Shortly after Appellant Eric Thompson’s fiancée filed a discrimination charge with the EEOC against their common employer, the Appellee, Thompson was terminated. The parties to this appeal ask whether the anti-retaliation provisions in Title VII of the Civil Rights Act protect a related or associated third party from retaliation under such circumstances. We hold that that they do, and REVERSE the district court’s grant of summary judgment to the employer.
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DELMAS CONLEY, doing business as Conley Trucking, Petitioner/Cross-Respondent, v. NATIONAL LABOR RELATIONS BOARD, Respondent/Cross-Petitioner. |
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On Petition for Review and Cross-Application for Enforcement
of an Order of the National Labor Relations Board.
Nos. 9-CA-42562; 9-CA-42437.
Argued: January 31, 2008
Decided and Filed: March 31, 2008
Before: DAUGHTREY and McKEAGUE, Circuit Judges; GWIN, District Judge.
PER CURIAM. Delmas Conley, doing business as Conley Trucking, petitions for review of a decision of the National Labor Relations Board (NLRB) that affirmed an administrative law judge’s ruling that the petitioner had engaged in various unfair labor practices. The Board has also filed an application with the court seeking enforcement of that decision.
In an opinion that was adopted in all substantive respects by the NLRB, the administrative law judge concluded that Conley Trucking violated provisions of the National Labor Relations Act, 29 U.S.C. §§ 151 - 169. Specifically, the administrative law judge determined that the company violated the Act by discharging an employee who supported unionization, by creating the impression that employees’ union activities were being monitored, and by threatening various adverse consequences if unionization of the company were to occur. Before this court, Conley Trucking asserts that two of the five unfair labor practices found by the Board cannot be sustained because the administrative law judge improperly relied upon hearsay evidence in reaching those conclusions and that, without consideration of the hearsay, substantial evidence does not exist in the record to support the Board’s decision. For the reasons discussed below, however, we conclude that there is substantial evidence to support the Board’s decision and, therefore, grant the request for enforcement of its administrative order against Conley Trucking and deny the company’s petition for review.
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JOHN DOE, Plaintiff-Appellant, v. PHIL BREDESEN, Governor of the State of Tennessee, CHARLES M. TRAUGHBER, Chairman, Tennessee Board of Probation and Parole, MARK GWYN, Director of the Tennessee Bureau of Investigation, and RANDALL NICHOLS, District Attorney General 6th Judicial District, Defendants-Appellees. |
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Filed: March 31, 2008
Before: KEITH and GRIFFIN, Circuit Judges; VAN TATENHOVE, District Judge.
The court having received a petition for rehearing en banc, and the petition having been circulated not only to the original panel members but also to all other active judges of this court, and less than a majority of the judges having favored the suggestion, the petition for rehearing has been referred to the original panel.
The panel has further reviewed the petition for rehearing and concludes that the issues raised in the petition were fully considered upon the original submission and decision of the case. Accordingly, the petition is denied.
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UNITED STATES OF AMERICA, Plaintiff-Appellee, v. DAVID S. MARTIN, Defendant-Appellant. |
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Appeal from the United States District Court
for the Western District of Kentucky at Louisville.
No. 05-00013—Jennifer B. Coffman, Chief District Judge.
Argued: February 7, 2008
Decided and Filed: March 31, 2008
Before: NORRIS, BATCHELDER, and GIBBONS, Circuit Judges.
ALICE M. BATCHELDER, Circuit Judge. The principal issue in this appeal is whether the district court’s permitting a police officer to testify as both an expert and a fact witness, without the court’s issuing a cautionary instruction to the jury, constitutes reversible error, pursuant to United States v. Lopez-Medina, 461 F.3d 724 (6th Cir. 2006). Because we find that it does not, and because the appellant’s other arguments lack merit, we AFFIRM the district court’s judgment.