James J. McDERMOTT, Regional Director of Region 31 of the National Labor Relations Board, for and on behalf of the National Labor Relations Board, Petitioner-Appellant,
v.
AMPERSAND PUBLISHING, LLC, doing business as The Santa Barbara News-Press, Respondent-Appellee.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted March 11, 2009.
Filed January 26, 2010.
Attorney(s) appearing for the Case
Ronald Meisburg, John E. Higgins, Jr., Barry J. Kearney, Judith I. Katz, Steven L. Sokolow, and Margaret E. Luke (argued), National Labor Relations Board, Washington, DC, for the petitioner-appellant.
Framroze M. Virjee and Michael Garrison, O'Melveny & Myers LLP, Los Angeles, CA; Sri Srinivasan (argued), O'Melveny & Myers LLP, Washington, DC; Ryan W. Rutledge, O'Melveny Myers, LLP, Newport Beach, CA; A. Barry Cappello, Troy A. Thielemann, Matthew Clarke, and Dugan Kelley, Cappello & Noel, LLP, Santa Barbara, CA, for the respondent-appellee.
Barbara L. Camens, Barr & Camens, Washington, DC; Ira L. Gottlieb, Bush Gottlieb Singer Lopez Kohanski Adelstein & Dickenson, Glendale, CA, for amici curiae the Graphics Communications Conference of the International Brotherhood of Teamsters and the Newspaper Guild/Communications Workers of America.
L. Michael Zinser, The Zinser Law Firm, P.C., Nashville, TN; Bruce D. Brown, Baker & Hostetler LLP, Washington, DC, for amicus curiae Newspaper Association of America.
L. Michael Zinser, The Zinser Law Firm, P.C., Nashville, TN, for amici curiae Gannett Co., Inc.; Lee Enterprises, Inc.; Medianews Group, Inc.; and Stephens Media, LLC.
Opinion by Judge CLIFTON; Dissent by Judge HAWKINS.
United States Court of Appeals, Ninth Circuit.
CLIFTON, Circuit Judge:
National Labor Relations Board Regional Director James J. McDermott (the Regional Director) appeals the district court's denial of temporary injunctive relief under Section 10(j) of the National Labor Relations Act (NLRA), 29 U.S.C. § 160(j). The district court decided that "a significant risk of a First Amendment violation" would arise if Ampersand Publishing, LLC, doing business as The Santa Barbara News-Press, were forced, among other...
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