Supreme Court Report

Supreme Court of the United States · Official docket →

Cadillac of Naperville, Inc. v. National Labor Relations Board

Paid petition · United States Court of Appeals for the District of Columbia Circuit, No. 19-1150 · judgment September 17, 2021


Certiorari denied · April 25, 2022
Pre-decision estimate: 5% cert probability

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

Question presented

  1. Whether the Court of Appeal improperly narrowed the First Amendment protection owed employers in a labor dispute by requiring objective factual support for an employer’s personal speculation or opinion?

  2. Whether the Court of Appeal’s opinion—which affirms the NLRB based on novel factual inferences not found in the record below— perpetuates substantial inconsistency and confusion in the NLRB’s approach to employer speech?

  3. Whether the NLRB’s practice of disregarding state criminal laws respecting admission of evidence improperly impedes the state’s sovereignty under principles of federalism and comity?

Counsel of record

For petitioner
Tae Young Kim
Adams and Reese LLP

For respondent
Elizabeth B. Prelogar
Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Apr 25 2022
    Petition DENIED.
  2. Apr 06 2022
    DISTRIBUTED for Conference of 4/22/2022.
  3. Mar 28 2022
    Waiver of right of respondent National Labor Relations Board to respond filed.
  4. Feb 22 2022
    Petition for a writ of certiorari filed. (Response due March 28, 2022)