Supreme Court Report

Supreme Court of the United States · Official docket →

Newark Electric Corp., et al. v. National Labor Relations Board

Paid petition · United States Court of Appeals for the District of Columbia Circuit, No. 15-1111, 15-1162 · judgment July 14, 2017

Certiorari denied · February 26, 2018
Pre-decision estimate: 6% cert probability (95% interval 3%–9%)

Before the decision, modestly above the 4.1% base rate. The model weighted this up for a D.C. Circuit decision below, a circuit split argued in the petition, and a business petitioner.

Question presented

Did the United States Court of Appeals for the District of Columbia in Newark Electric Corp. et al. v. National Labor Relations Board, No. 15-1111; 15- 1162, 2017 WL 5662145, (D.C. Cir. July 14, 2017) (unpublished) improperly remand an action to the National Labor Relations Board, where the initiating complaint in the action was filed pursuant to the authority of an improperly appointed NLRB General Counsel, in violation of the Federal Vacancies Reform Act? (i)

Counsel of record

For petitioner
Daniel Joseph Moore
Harris Beach LLP

For respondent
Noel John Francisco
Jones Day

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Feb 26 2018
    Petition DENIED.
  2. Feb 07 2018
    DISTRIBUTED for Conference of 2/23/2018.
  3. Feb 02 2018
    Waiver of right of respondent National Labor Relations Board to respond filed.
  4. Jan 24 2018
    Motion to extend the time to file a response is granted and the time is extended to and including March 5, 2018.
  5. Jan 23 2018
    Motion to extend the time to file a response from February 1, 2018 to March 5, 2018, submitted to The Clerk.
  6. Dec 27 2017
    Petition for a writ of certiorari filed. (Response due February 1, 2018)