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Terry Foster, et al. v. International Brotherhood of Electrical Workers, Local 1516, et al.

Paid petition · United States Court of Appeals for the Eighth Circuit, No. 20-3141 · judgment December 15, 2020

Certiorari denied · October 4, 2021
Pre-decision estimate: 2% cert probability

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

Questions presented

  1. Did expulsion of a union member without his presence constitute a lack of due process, good cause as defined by 157.01 LMRDA, Section 501(b)?

  2. Did expulsion of a union member without due process constitute violation of fiduciary duties by officers under Section 501 LMDRA?

  3. Did the United States District Court lack subject matter jurisdiction over the failure to allege “the use of financial improprieties prescribed by Section 50(a)?

  4. Whether good cause is limited to the misuse of union funds.

  5. Did the denial of union membership to a prospective member constitute good cause and a violation of a fiduciary duty pursuant to 517.01 LMRDA, Section 501(b)?

Counsel of record

For petitioner
Larry Joe Steele
Larry J. Steele PLC

For respondent
—

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 04 2021
    Petition DENIED.
  2. Aug 11 2021
    DISTRIBUTED for Conference of 9/27/2021.
  3. Jun 25 2021
    Petition for a writ of certiorari filed. (Response due July 29, 2021)
    Petition