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Collateral Estoppel

By: Derek Hawkins//February 25, 2019//

Collateral Estoppel

By: Derek Hawkins//February 25, 2019//

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7th Circuit Court of Appeals

Case Name: Edward L. Calvert v. National Labor Relations Board

Case No.: 17-1895

Officials: EASTERBROOK and SYKES, Circuit Judges, and BUCKLO, District Judge.

Focus: Collateral Estoppel

Edward Calvert was the sole owner and president of E.L.C. Electric, Inc., an electrical contracting company. After a labor organization unsuccessfully campaigned to unionize his company’s workforce, Calvert laid off most of E.L.C. Electric’s rank-and-file electricians, which effectively prevented future unionization attempts. The National Labor Relations Board (“NLRB”) determined that the company violated the National Labor Relations Act (“NLRA”), which prohibits discrimination against workers for exercising their statutory rights. See 29 U.S.C. § 158(a)(3). The Board ordered E.L.C. Electric to compensate the electricians with backpay.

On appeal to the district court, the Board again raised collateral estoppel but failed to analyze the elements of the doctrine or provide citations to the relevant parts of the agency record. The district judge noted these deficiencies and affirmed. We likewise affirm. The Board does not challenge the evidence at trial or the bankruptcy judge’s factual findings. Instead it stakes its entire case on collateral estoppel. But it persists in providing only a generalized discussion of preclusion doctrine that is untethered to specific findings in the NLRB proceeding. That’s not enough to establish that Calvert is precluded from contesting the malice issue under § 523(a)(6).

Affirmed

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.

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