McDermott v. Ampersand Pub'g., LLC, No. 08-56202

In an action under the the National Labor Relations Act seeking an injunction to reinstate employees whom defendant-newspaper discharged for union activity directed at pressuring the newspaper's owner and publisher to refrain from exercising editorial control over news reporting, denial of a temporary injunction is affirmed where intervening to support the employees' effort to limit the control of the owner over its news pages necessarily posed some risk to that owner's First Amendment rights.

Read McDermott v. Ampersand Pub'g., LLC, No. 08-56202

Appellate Information

Argued and Submitted March 11, 2009

Filed January 26, 2010

Judges

Opinion by Judge Clifton

Dissent by Judge Hawkins

Counsel

For Appellant:

Ronald Meisburg, John E. Higgins, Jr., Barry J. Kearney, National Labor Relations Board, Washington, DC

For Appellee:

Sri Srinivasan, Framroze M. Virjee and Michael Garrison, O'Melveny & Myers LLP, Los Angeles, CA