Job of Court of Appeals is something like the role of the instant-replay booth in football

March 10, 2011

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231H Labor and EmploymentIn reviewing factual challenges to a National Labor Relations Board (NLRB) determination under substantial evidence standard, job of Court of Appeals is something like the role of the instant-replay booth in football; the call on the field presumptively stands and the court may overturn it only if it can fairly say that no reasonable mind could, looking at the facts again, stand by that call.
Laborers’ Intern. Union of North America, Local 578 v. N.L.R.B., 594 F.3d 732