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ASARCO LLC v. United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 16-16363 · judgment December 4, 2018

Certiorari denied · October 7, 2019
Pre-decision estimate: 5% cert probability (95% interval 4%–8%)

Before the decision, modestly above the 4.1% base rate. The model weighted this up for a Ninth Circuit decision below, a dissent in the court below (flagged in the petition), and a business petitioner.

Questions presented

  1. Whether a collective bargaining agreement (“CBA”) that expressly states “[t]he arbitrator shall not have jurisdiction or authority to add to, detract from or alter in any way the provisions of this Agreement” prohibits the arbitrator from reforming the CBA by adding language to it?

  2. Can a party bring to an arbitrator’s attention express contractual limits on his authority without waiving its objections that the arbitrator exceeded his authority by ignoring those agreed-upon limits?

Counsel of record

For petitioner
Rex S. Heinke
Complex Appellate Litigation Group LLP

For respondent
Michael David Weiner
Gilbert & Sackman, a Law Corporation

Case

Conference history
Distributed for 1 conference

Linked docket
18A994

Proceedings

  1. Oct 07 2019
    Petition DENIED.
  2. Jul 24 2019
    DISTRIBUTED for Conference of 10/1/2019.
  3. Jul 24 2019
    Reply of petitioner ASARCO, LLC filed. (Distributed)
  4. Jul 10 2019
    Brief of respondent United Steel, Paper and Forestry, Rubber, Manfacturing, Energy, Allied Industrial and Service Workers International Union AFL-CIO, CLC in opposition filed.
  5. May 21 2019
    Motion to extend the time to file a response is granted and the time is extended to and including July 10, 2019.
  6. May 17 2019
    Motion to extend the time to file a response from June 10, 2019 to July 10, 2019, submitted to The Clerk.
  7. May 10 2019
    Petition for a writ of certiorari filed. (Response due June 10, 2019)
  8. Mar 29 2019
    Application (18A994) granted by Justice Kagan extending the time to file until May 10, 2019.
  9. Mar 27 2019
    Application (18A994) to extend the time to file a petition for a writ of certiorari from April 10, 2019 to May 10, 2019, submitted to Justice Kagan.
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