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Todd Bowers v. International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and Helpers, AFL-CIO

Paid petition · United States Court of Appeals for the Fourth Circuit, No. 22-1130 · judgment November 10, 2022


Certiorari denied · April 17, 2023
Pre-decision estimate: 2% cert probability

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

Question presented

Whether it was proper for a district court to maintain federal question jurisdiction upon Notice of Removal and Response in Opposition/Motion to Remand where Plaintiff’s claims as set forth in his Complaint were based exclusively on state law and were not substantially dependent upon the collective bargaining allegedly giving rise to federal jurisdiction under Labor Management Relations Act (“LMRA”). Whether it was proper, upon assuming jurisdiction, for the district court to dismiss Plaintiff’s claims based on LMRA preemption. Whether, notwithstanding its dismissal under the LMRA, dismissal of Appellant’s claims on state law grounds constitutes a violation of Appellants due process rights under the 14th Amendment.

Counsel of record

For petitioner
Christian John Riddell
The Riddell Law Group

For respondent
Michael J. Stapp
Blake & Uhlig, P.A.

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Apr 17 2023
    Petition DENIED.
  2. Mar 29 2023
    DISTRIBUTED for Conference of 4/14/2023.
  3. Mar 15 2023
    Brief of respondent International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers, and Helpers AFL-CIO in opposition filed.
  4. Feb 08 2023
    Petition for a writ of certiorari filed. (Response due March 15, 2023)