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