This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.
Subscribe to the Daily Journal for access to Daily Appellate Reports, Verdicts, Judicial Profiles and more...

Labor/Employment,
9th U.S. Circuit Court of Appeals

Feb. 13, 2023

2 circuits reject defense claims over firing of NLRB counsel

President Biden fired Peter Robb, a Trump appointee, on his Inauguration Day in January 2021 and Aakash Inc., a California skilled nursing facility, argued that the complaint against the company for failing to recognize a union should be dismissed.

Two federal circuit panels, most recently the 9th U.S. Circuit Court of Appeals, have rejected defense arguments that the National Labor Relations Board cannot pursue complaints against companies because President Joe Biden removed the agency’s general counsel.

On the day he took office, Biden fired Peter Robb, an appointee of President Donald Trump. Aakash Inc., ja California skilled nursing facility, argued that the new president could n...

To continue reading, please subscribe.
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!

Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)

Already a subscriber?

Enewsletter Sign-up