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Garda CL Northwest, Inc., fka AT Systems, Inc. v. Lawrence Hill, et al.

Paid petition · Supreme Court of Washington, No. 94593-4 · judgment August 23, 2018

Certiorari denied · June 3, 2019

Pre-decision estimate: 6% cert probability (95% interval 4%–9%)

Before the decision, about 1.5× the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a dissent in the court below (flagged in the petition), and a business petitioner.

Question presented

Whether a state labor claim that requires the plaintiff to show that an employer acted with “willfulness,” “unreasonableness,” or other mental state, which can be resolved only through interpretation of the terms of the pertinent collective bargaining agreement, is preempted by section 301 of the Labor Management Relations Act (“LMRA”).
Whether a state-law rule, which imposes a higher burden of proof for establishing waivers of wage-and-hour rights contained in collective bargaining agreements than it does for individual waivers of those same rights outside the collective bargaining context, is preempted by the National Labor Relations Act (“NLRA”).

Counsel of record

For petitioner
Fred Anthony Rowley Jr.
Wilson Sonsini Goodrich & Rosati

For respondent
Scott Lawrence Nelson
Public Citizen Litigation Group

Case

Conference history
Distributed for 1 conference

Proceedings

Jun 03 2019
Petition DENIED.
May 14 2019
DISTRIBUTED for Conference of 5/30/2019.
May 08 2019
Reply of petitioner Garda CL Northwest, Inc. filed.
Apr 24 2019
Brief of respondents Lawrence Hill, et al. in opposition filed.
Mar 18 2019
Motion to extend the time to file a response is granted and the time is extended to and including April 24, 2019.
Mar 15 2019
Motion to extend the time to file a response from March 25, 2019 to April 24, 2019, submitted to The Clerk.
Feb 19 2019
Petition for a writ of certiorari filed. (Response due March 25, 2019)