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James A. Osburn, et al. v. Matthew Loeb, et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 17-55022 · judgment September 4, 2018


Certiorari denied · April 22, 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

Janus v. AFSCME, 585 U.S. ___ (2018) and the granting last month of the petition in Fleck v. Wetch 585 U.S. ___ (2018), reinforces the very Free Speech and Association rights which Petitioners were punished for exercising despite the Labor Management Reporting and Disclosure Act (LMRDA), 29 U.S.C. §401, et seq.

  1. Whether stifling robust dissent without a true indicia of due process is tolerable when an International President cleverly imposes and quickly lifts a trusteeship after permanently removing only dissenting leaders from office and their staff positions, while also stripping the most vocal of even membership rights, all within weeks of the results of the will of the Local Union membership just exercised at the ballot box becoming known to the International.

  2. Whether Petitioners can be removed for inquiring about and objecting to a forced Studio Mechanics Locals’ (SMLs) scheme across the United States and Canada which inhibits work opportunities, is discriminatory in application and compels both speech and association.

  3. Whether the “patronage” defense should be retained in this day and age, and if so, whether it can be used to defeat the LMRDA rights of an elected officer removed from a nonconfidential and nonpolicy-making staff position which Finnegan v. Leu, 456 U.S. 431, at footnote 11 (1982) left open for resolution.

Counsel of record

For petitioner
Helena Marie Sunny Wise
Law Offices of Helena S. Wise

For respondent
David A. Rosenfeld
Weinberg, Roger & Rosenfeld

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Apr 22 2019
    Petition DENIED.
  2. Apr 09 2019
    Reply of petitioners James A. Osburn, et al. filed. (Distributed)
  3. Apr 02 2019
    DISTRIBUTED for Conference of 4/18/2019.
  4. Mar 15 2019
    Brief of respondent International Alliance of Theatrical Stage Employees and Moving Picture Machine Operators of the United States and Canada, AFL-CIO, CLC; Matthew Loeb in opposition filed.
  5. Feb 04 2019
    Motion to extend the time to file a response is granted and the time is extended to and including March 21, 2019.
  6. Jan 31 2019
    Motion to extend the time to file a response from February 19, 2019 to March 21, 2019, submitted to The Clerk.
  7. Jan 10 2019
    Petition for a writ of certiorari filed. (Response due February 19, 2019)