Fidelity Interior v. The Southeastern Carpenters, No. 09-14573 (11th Cir. 2012)
Annotate this CaseThis appeal by the union presented the question of whether a jury was entitled to find that the union had violated the National Labor Relations Act 29 U.S.C. 158(b)(4)(ii)(B), by conducting a secondary boycott of Fidelity Interiors. On appeal, the union argued that the district court abused its discretion when it permitted the jury to consider, as part of the totality of the circumstances, evidence of lawful conduct by the union, and when it refused to instruct the jury that evidence of unlawful picketing at one site could not support a finding of unlawful picketing at another site. The union also argued that the jury wrongfully awarded damages based on speculative assumptions. The court held that the district court did not abuse its discretion when it admitted evidence of conduct of the union, whether lawful or not, and the jury instructions correctly stated the law. The court also held that the record supported the jury's award of damages. Accordingly, the court affirmed the denial of the motions for judgment as a matter of law and for a new trial.
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