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Local Union 36 v. NLRB, No. 10-3448

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By FindLaw Staff on November 12, 2010 1:03 PM

Denial of Motion to Transfer

In Local Union 36 v. NLRB, No. 10-3448, the court denied a motion by respondent National Labor Relations Board to transfer the case to the District of Columbia Circuit where, if a party files a petition for review in the Second Circuit and then serves the agency with the petition accompanied by the email, bearing the date and time of filing, by which the petition was filed, the party has satisfied the requirements of 28 U.S.C. section 2112(a)(2).


As the court wrote:  "Respondent National Labor Relations Board ("NLRB") moves to transfer this case to the District of Columbia Circuit. It argues that, because it did not receive a petition for review "stamped by the court with the date of filing," 28 U.S.C. § 2112(a)(2), from either party seeking review of its decision, the case should be heard where proceedings were first instituted, in the D.C. Circuit, pursuant to 28 U.S.C. § 2112(a)."

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