Logourl black
From our private database of 14,100+ case briefs...

Warshauer v. Solis

United States Court of Appeals for the Eleventh Circuit
577 F.3d 1330 (2009)


Facts

The Labor Management Reporting and Disclosure Act of 1959 (LMRDA) protected the rights of employees and the public by requiring employers to disclose certain payments made to any labor organization or officer. The LMRDA authorized the Secretary of the United States Department of Labor (Secretary) (defendant) to issue rules and regulations detailing the reports required to be filed. In 1963, the Department of Labor promulgated regulations requiring employers to file Form LM-10 to report certain financial transactions. The instructions for Form LM-10 included a de minimis exemption, which exempted employers from disclosing gifts of insubstantial value. Historically, the Secretary determined whether a gift was of insubstantial value on a case-by-case basis. In 2005, the Secretary issued website advisories identifying designated legal counsel (DLCs) within the definition of “employer” for reporting purposes. DLCs were attorneys who were recommended by labor unions to their members for personal injury lawsuits. The advisories also announced the de minimis rule applied to any transactions of $250 or less. The Department of Labor sent a letter to Michael Warshauer (plaintiff), a DLC, requiring Warshauer to file Form LM-10. Warshauer challenged the interpretations found in the website advisories, arguing the Secretary failed to engage in notice and comment rulemaking before implementation. The district court found that the interpretations did not trigger notice and comment rulemaking. Warshauer appealed.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision.

To access this section, please start your free trial or log in.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question.

To access this section, please start your free trial or log in.

Holding and Reasoning (Wilson, J.)

The holding and reasoning section includes:

  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, please start your free trial or log in.

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 97,000 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 220,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 14,100 briefs, keyed to 189 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.