Supreme Court of the United States · Official docket →
Glacier Northwest, Inc., dba CalPortland v. International Brotherhood of Teamsters Local Union No. 174
Paid petition · Supreme Court of Washington, No. 99319-0 · judgment December 16, 2021
Decided · June 1, 2023
Pre-decision estimate: 8% cert probability (95% interval 5%–11%)
Before the decision, about 1.8× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a circuit split argued in the petition, and a business petitioner.
Question presented
Does the National Labor Relations Act impliedly preempt a state tort claim against a union for intentionally destroying an employer's property in the course of a labor dispute?
Counsel of record
For petitioner
Noel John Francisco
Jones Day
For respondent
Darin Matthew Dalmat
Barnard Iglitzin & Lavitt LLP
Case
Conference history
Distributed for 1 conference
Amicus briefs
3 cert-stage · 14 merits
(6 supporting pet./neither, 8 respondent)
Argument & decision
Argued January 10, 2023 — Noel J. Francisco · Vivek Suri · Darin M. Dalmat. Audio and transcript
Decided June 1, 2023. Opinion by Barrett.
Proceedings
- Jul 03 2023Judgment and mandate issued.
- Jun 01 2023Judgment REVERSED and case REMANDED. Barrett, J., delivered the opinion of the Court, in which Roberts, C. J., and Sotomayor, Kagan, and Kavanaugh, JJ., joined. Thomas, J., filed an opinion concurring in the judgment, in which Gorsuch, J., joined. Alito, J., filed an opinion concurring in the judgment, in which Thomas and Gorsuch, JJ., joined. Jackson, J., filed a dissenting opinion.
- Mar 21 2023Letter of respondent International Brotherhood of Teamsters Local Union No. 174 filed. (Distributed)
- Jan 12 2023Letter from petitioner notifying the Court of the January 11, 2023 order of the NLRB Division of Judges denying the motion for postponement of the January 24, 2023 hearing filed (order attached). (Distributed)
- Jan 10 2023Argued. For petitioner: Noel J. Francisco, Washington, D. C. For United States, as amicus curiae, supporting neither party: Vivek Suri, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondent: Darin M. Dalmat, Seattle, Wash.
- Dec 30 2022Reply of petitioner Glacier Northwest, Inc., d/b/a CalPortland filed. (Distributed)
- Dec 23 2022Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument GRANTED.
- Dec 13 2022Record received from the Supreme Court of Washington. The record has been transmitted electronically.
- Dec 08 2022Brief amici curiae of Unite Here International and International Association of Sheet Metal, Air, Rail, and Transportation Workers filed. (Distributed)
- Dec 08 2022Brief amici curiae of United Brotherhood of Carpenters and Joiners of America, et al. filed. (Distributed)
- Dec 08 2022Brief amicus curiae of The American Federation of Labor and Congress of Industrial Organizations filed. (Distributed)
- Dec 08 2022Brief amici curiae of States of Washington et al. filed. (Distributed)
- Dec 08 2022Brief amici curiae of Tort Scholars filed. (Distributed)
- Dec 08 2022Brief amici curiae of Administrative Law, Constitutional Law, and Federal Courts Professors filed. (Distributed)
- Dec 08 2022Brief amicus curiae of Constitutional Accountability Center filed. (Distributed)
- Dec 08 2022Brief amici curiae of Professors M. Bodie, et al. filed. (Distributed)
- Dec 07 2022CIRCULATION
- Dec 01 2022Brief of respondent International Brotherhood of Teamsters Local Union No. 174 filed.
- Nov 28 2022Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument filed.
- Nov 16 2022Record requested from the Supreme Court of Washington.
- Nov 10 2022SET FOR ARGUMENT on Tuesday, January 10, 2023.
- Nov 08 2022Brief amicus curiae of United States in support of neither party filed.
- Nov 08 2022Brief amici curiae of Coalition for a Democratic Workplace, et al. filed.
- Nov 08 2022Brief amicus curiae of Landmark Legal Foundation filed.
- Nov 08 2022Brief amicus curiae of The Chamber of Commerce of the United States of America filed.
- Nov 08 2022Brief amicus curiae of The Buckeye Institute filed.
- Nov 07 2022Brief amicus curiae of National Right to Work Legal Defense Foundation, Inc. filed.
- Nov 01 2022Brief of petitioner Glacier Northwest, Inc., d/b/a CalPortland filed.
- Nov 01 2022Joint appendix filed. (Statement of costs filed)
- Oct 27 2022Blanket Consent filed by Petitioner, Glacier Northwest, Inc., d/b/a CalPortland
- Oct 03 2022Petition GRANTED.
- Aug 03 2022DISTRIBUTED for Conference of 9/28/2022.
- Aug 02 2022Reply of petitioner Glacier Northwest, Inc., d/b/a CalPortland filed. (Distributed)
- Jul 15 2022Brief of respondent International Brotherhood of Teamsters Local Union No. 174 in opposition filed.
- Jun 15 2022Brief amicus curiae of Landmark Legal Foundation filed.
- Jun 15 2022Brief amici curiae of Coalition for a Democratic Workplace, et al. filed.
- Jun 15 2022Brief amicus curiae of The Buckeye Institute filed.
- May 27 2022Motion to extend the time to file a response is granted and the time is extended to and including July 15, 2022.
- May 26 2022Motion to extend the time to file a response from June 15, 2022 to July 15, 2022, submitted to The Clerk.
- May 12 2022Petition for a writ of certiorari filed. (Response due June 15, 2022)
- Feb 11 2022Application (21A413) granted by Justice Kagan extending the time to file until May 13, 2022.
- Feb 08 2022Application (21A413) to extend the time to file a petition for a writ of certiorari from March 16, 2022 to May 13, 2022, submitted to Justice Kagan.