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Temple University Hospital, Inc. v. National Labor Relations Board

Paid petition · United States Court of Appeals for the District of Columbia Circuit, No. 21-1111 · judgment July 8, 2022


Certiorari denied · February 21, 2023
Pre-decision estimate: 18% cert probability (95% interval 12%–27%)

Before the decision, about 4.4× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a D.C. Circuit decision below, and a circuit split argued in the petition.

Question presented

Whether the D.C. Circuit lawfully affirmed the National Labor Relations Board’s new rule—categorically barring the application of judicial estoppel to prevent the Board from exercising jurisdiction over a labor union even where, as here, the union’s misconduct is evident and the agency’s credibility is at stake—despite the fact that the rule lacks any basis in precedent, logic or sound labor policy. (i)

Counsel of record

For petitioner
Carter G. Phillips

For respondent
Elizabeth B. Prelogar
Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Feb 21 2023
    Petition DENIED. Justice Jackson took no part in the consideration or decision of this petition.
  2. Jan 11 2023
    DISTRIBUTED for Conference of 2/17/2023.
  3. Jan 04 2023
    Waiver of right of respondent National Labor Relations Board to respond filed.
  4. Dec 01 2022
    Petition for a writ of certiorari filed. (Response due January 4, 2023)