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Midwest Terminals of Toledo International, Inc. v. National Labor Relations Board

Paid petition · United States Court of Appeals for the District of Columbia Circuit, No. 15-1126, 15-1168 · 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

The question presented is whether the United States Court of Appeals for the District of Columbia’s “(D.C. Circuit”) determination to vacate the Board’s March 31, 2015 decision because the Complaints were unauthorized pursuant the Federal Vacancies Act of 1998, 5 U.S.C. § 3345(b)(1), but still remanding the case back to the Board for further proceedings conflicts with SW General, 796 F.3d 67 (D.C. Cir. 2015) aff’d, 580 U.S. _____, 137 S. Ct. 929 (2017) and Noel Canning v. NLRB, 823 F.3d 76 (D.C. Cir. 2016).

Counsel of record

For petitioner
Ronald Lee Mason
Mason Law Firm Co., L.P.A.

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 01 2018
    Waiver of right of respondent National Labor Relations Board to respond filed.
  4. Feb 01 2018
    Motion of National Labor Relations Board for an extension of time not accepted for filing. (February 01, 2018)
  5. Dec 27 2017
    Petition for a writ of certiorari filed. (Response due February 1, 2018)