Supreme Court Report

Supreme Court of the United States · Official docket →

Kroger Limited Partnership I v. United Food & Commercial Workers, Local 1995

Paid petition · United States Court of Appeals for the Sixth Circuit, No. 22-5085 · judgment October 14, 2022


Certiorari denied · May 22, 2023
Pre-decision estimate: 7% cert probability (95% interval 4%–11%)

Before the decision, about 1.6× the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a dissent in the court below, and a Sixth Circuit decision below.

Questions presented

  1. Does the universal standard for judgment on the pleadings apply to a Rule 12(c) motion to compel a labor arbitration or does the general principle of presumption in favor of arbitrability mean the federal courts must ignore the Rule 12(c) standards?

  2. Do the federal courts lose their authority to decide arbitrability when to do so requires some consideration of the merits of the underlying dispute?

Counsel of record

For petitioner
Patricia Anderson Pryor
Jackson Lewis LLP

For respondent
Scott Tift
Barrett Johnston Martin & Carrison, PLLC

Case

Subject area
Unions (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 1 conference

Order
Order list, May 22, 2023 · Certiorari denied

Proceedings

  1. May 22 2023
    Petition DENIED.
  2. May 02 2023
    DISTRIBUTED for Conference of 5/18/2023.
  3. Apr 17 2023
    Waiver of right of respondent United Food & Commercial Workers, Local 1995 to respond filed.
  4. Mar 15 2023
    Petition for a writ of certiorari filed. (Response due April 17, 2023)