Roberts v. Sears, Roebuck & Co.

How later courts describe this case

• stating that Second Circuit decisions become the law of the circuit and are binding upon all inferior courts
• reversing NLRB order and declining to remand case to Board, in part because of Board’s express refusal to follow Second Circuit precedent
• an agency is bound to follow the law of the circuit
• Where the New Jersey Supreme Court has not squarely addressed the issue at bar, the federal court sitting in diversity “must be governed by a prediction of how the state’s highest' court would decide were it confronted with the problem.”
• under Ohio law, although injury from drug ingestion manifested itself at a certain time, running of the statute of limitations was tolled until the plaintiffs knew, or by the exercise of reasonable diligence should have known the cause of the injury