May 12-13, 2009
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CIVIL PROCEDURE Yakin v. Tyler Hill Corp. , No. 07-5300 District court order enforcing a forum selection clause and remanding the case to state court is affirmed where there is no ambiguity in the forum selection clause, as a reasonable person reviewing the clause would conclude the parties intended the litigation take place in an appropriate venue in Nassau County, where there is a state court but no district court.
LABOR & EMPLOYMENT LAW NLRB v. Special Touch Home Care Serv., Inc., No. 07-5422 In an unfair labor practices action, NLRB order is enforced in part, denied in part, and modified in part where: 1) the Board properly found that employee Miller was properly discharged; 2) the Board erred in not considering the intersection of the plant rule doctrine and National Labor Relations Act sec. 8(g) in connection with the reinstatement of strikers, and on remand the Board should determine the relationship between these two rules; and 3) two employees of defendant unlawfully interrogated aides regarding their support for the union in violation of the Act
CRIMINAL LAW & PROCEDURE, HABEAS CORPUS Brisco v. Ercole , No. 05-4339 Grant of petition for habeas relief is reversed where: 1) plaintiff failed to establish that the state court’s decision was an unreasonable application of clearly established federal law, as the challenged showup procedure was not unnecessarily suggestive; and 2) the showup identification was independently reliable.