primarily of “direct and indirect personal attacks” against Mr. Giaeumbo, which violated LMRDA § 401(g). See American Fed’n. Musicians, 700 F.Supp. at 735. Regardless of the letter’s content, Defendant argues that Mr. Potter’s motive of “setting the record straight”, by refuting the allegedly slanderous misinformation contained in the “New Teamsters” newsletter, shows that the letter did not promote a candidate in violation of the LMRDA. Defendant’s position is untenable, however, because cases interpreting LMRDA § 401(g) have universally held that motive is irrelevant in determining whether a violation has occurred. E.g., Telephone Workers, 703 F.Supp. at 207-08 (motive of “setting the record straight” did not excuse or prevent finding of violation), Local 719, 561 F.Supp. at 57 (<HOLDING>), Usery v. Stove, Furnace and Allied Appliance
holding that employers have standing to sue holding that an employee who by virtue of his employment was authorized to access his employers computers became without authorization when he became an agent for the defendant one of his employers competitors to whom he sent emails containing his employers trade secrets and other proprietary information recognizing the importance of the employers knowledge of the disability holding that uncompensated use of employers trailer as billboard for campaign posters without employers knowledge violated lmrda holding that employers knowledge of employees injury followed by the employers failure to provide the necessary medical services sufficient to impose liability upon the employer for medical services selected by the employee