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Michael McCarron v. DeCarlo & Shanley, P.C.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 19-55154 · judgment November 27, 2019

Certiorari denied · December 14, 2020
Pre-decision estimate: 1% cert probability

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

Question presented

I. Does The Employee Retirement Income Security Act of 1974 (“ERISA”) (29 U.S.C. §1144(a)), preempt state law claims of a labor union official against a private law firm based upon improper and potentially unlawful legal advice which instructed the labor union official to take actions designed to personally harm the labor union officer to the benefit the law firm that provided such advice?

Counsel of record

For petitioner
Eric Andrew Schreiber
Schreiber & Schreiber, Inc.

For respondent
Daniel M. Shanley
DeCarlo & Shanley

Case

Conference history
Distributed for 3 conferences

Proceedings

  1. Dec 14 2020
    Petition DENIED.
  2. Dec 10 2020
    DISTRIBUTED for Conference of 12/11/2020.
  3. Jun 09 2020
    DISTRIBUTED for Conference of 6/25/2020.
  4. Jun 04 2020
    Reply of petitioner Michael McCarron filed. (Distributed)
  5. Jun 01 2020
    Motion to delay distribution of the petition for a writ certiorari until June 9, 2020, granted.
  6. May 26 2020
    Motion of petitioner to delay distribution of the petition for a writ of certiorari under Rule 15.5 from June 2, 2020 to June 9, 2020, submitted to The Clerk.
  7. May 18 2020
    Brief of respondent Decarlo & Shanley PC in opposition filed.
  8. Apr 20 2020
    Response Requested. (Due May 20, 2020)
  9. Apr 08 2020
    DISTRIBUTED for Conference of 4/24/2020.
  10. Apr 01 2020
    Waiver of right of respondent Decarlo & Shanley PC to respond filed.
  11. Mar 16 2020
    Petition for a writ of certiorari filed. (Response due April 17, 2020)