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Teamsters Local 210 Affiliated Health and Insurance Fund v. Leon Silverman, as Trustee of the Union Mutual Medical Fund, et al.

Paid petition · United States Court of Appeals for the Second Circuit, No. 17-1184, 17-1480 · judgment June 7, 2018


Certiorari denied · February 25, 2019
Pre-decision estimate: 1% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

  1. Did the Second Circuit impermissibly expand the jurisdiction of LMRA § 301(a) and drastically alter national labor policy when it held that a unionsponsored benefit trust fund can be liable for violating collective bargaining agreements even though the trust fund is not a labor organization and was not a signatory or party to any of the agreements?

  2. Can a union-sponsored medical and hospital benefit trust fund whose assets are held solely for the benefit of union members and their dependents be held liable under section 301(b) of the Labor Management Relations Act of 1947 for the misdeeds of their employers and union?

  3. Does a district court have jurisdiction over a federal claim first pled on remand where all federal claims had been dismissed on appeal and the appellate court’s mandate limited the district court’s jurisdiction to exercising supplemental jurisdiction over the remaining state law claims?

Counsel of record

For petitioner
Roland Richard Acevedo
Seiff Kretz & Maffeo

For respondent

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Feb 25 2019
    Petition DENIED.
  2. Feb 06 2019
    DISTRIBUTED for Conference of 2/22/2019.
  3. Oct 30 2018
    Petition for a writ of certiorari filed. (Response due January 25, 2019)