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Village of Lincolnshire, Illinois, et al. v. International Union of Operating Engineers Local 399, et al.

Paid petition · United States Court of Appeals for the Seventh Circuit, No. 17-1300, 17-1325 · judgment September 28, 2018


GVR'd · June 10, 2019
Pre-decision estimate: 4% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a state or local-government petitioner, and a Seventh Circuit decision below.

Question presented

Section 14(b) of the National Labor Relations Act states that nothing in the Act “shall be construed as authorizing the execution or application of agreements requiring membership in a labor organization as a condition of employment in any State or Territory in which such execution or application is prohibited by State or Territorial law.” 29 U.S.C. § 164(b). Does a law enacted by a political subdivision of a state constitute “State … law” under section 14(b)?

Counsel of record

For petitioner
Shay Dvoretzky
Skadden, Arps, Slate, Meagher & Flom LLP

For respondent
James B. Coppess

Case

Conference history
Distributed for 1 conference

Linked docket
18A614

Proceedings

  1. Jul 12 2019
    JUDGMENT ISSUED.
  2. Jun 10 2019
    Petition GRANTED. Judgment VACATED and case REMANDED to the United States Court of Appeals for the Seventh Circuit with instructions to direct the District Court to dismiss the case as moot. See United States v. Munsingwear, Inc., 340 U. S. 36 (1950).
  3. May 21 2019
    DISTRIBUTED for Conference of 6/6/2019.
  4. May 20 2019
    Reply of petitioners Village of Lincolnshire, et al. filed.
  5. May 02 2019
    Brief of respondents International Union of Operating Engineers Local 399, et al. in opposition filed.
  6. Apr 04 2019
    Motion to extend the time to file a response is granted and the time is further extended to and including May 2, 2019.
  7. Apr 01 2019
    Motion to extend the time to file a response from April 17, 2019 to May 2, 2019, submitted to The Clerk.
  8. Mar 05 2019
    Motion to extend the time to file a response is granted and the time is extended to and including April 17, 2019.
  9. Feb 28 2019
    Motion to extend the time to file a response from March 18, 2019 to April 17, 2019, submitted to The Clerk.
  10. Feb 14 2019
    Petition for a writ of certiorari filed. (Response due March 18, 2019)
  11. Dec 12 2018
    Application (18A614) granted by Justice Kavanaugh extending the time to file until February 25, 2019.
  12. Dec 06 2018
    Application (18A614) to extend the time to file a petition for a writ of certiorari from December 27, 2018 to February 25, 2019, submitted to Justice Kavanaugh.