NLRB GC Invalidity Ruling To Trigger New Wave Of Challenges

Law360, New York (August 22, 2013, 5:48 PM EDT) -- A federal court ruling that National Labor Relations Board acting general counsel Lafe Solomon's appointment was invalid gives employers a new angle of attack to challenge NLRB enforcement actions and may trigger a rash of legal challenges reminiscent of what followed the D.C. Circuit's blockbuster Noel Canning decision.

Lawyers said U.S. District Judge Benjamin H. Settle's Aug. 13 decision marked the first time they had seen a court ruling that the acting general counsel's appointment was invalid.

Judge Settle threw out a suit seeking injunctive relief against a residential services provider, finding that the regional director who brought the case on...

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