Quimbee logo
DMCA.com Protection Status
From our private database of 18,300+ case briefs...

Dunlop v. Bachowski

United States Supreme Court
421 U.S. 560 (1975)


Facts

After losing a union-officer election, Bachowski (plaintiff) petitioned the secretary of the Department of Labor (defendant) to sue to set the election results aside for alleged violations of the Labor-Management Reporting and Disclosure Act (LMRDA). The secretary responded that his investigation did not warrant a lawsuit invalidating the election. Bachowski petitioned the federal district court to declare the secretary’s actions arbitrary and capricious and to order the secretary to file suit. The court found it lacked authority to review the secretary’s decision, but the Third Circuit reversed, finding that the secretary’s decision constituted judicially reviewable final agency action under the Administrative Procedure Act (APA). Because the APA’s scope of review is that needed to ensure that the refusal was not arbitrary, capricious, or an abuse of discretion, it entitled Bachowski to a detailed statement of the factors on which the secretary’s decision relied. The Third Circuit also construed the APA to authorize a trial-type inquiry into the supporting facts and whether election violations changed the outcome. The United States Supreme Court granted review.

Rule of Law

Issue

Holding and Reasoning (Brennan, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 487,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 487,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 18,300 briefs, keyed to 985 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions & Answers


Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial