Supreme Court Report

Supreme Court of the United States · Official docket →

Transervice Logistics, Inc., et al. v. Central States, Southeast and Southwest Areas Pension Fund, et al.

Paid petition · United States Court of Appeals for the Seventh Circuit, No. 20-3437, 20-3438 · judgment December 22, 2022

Certiorari denied · June 26, 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

Collective bargaining agreements often have provisions known as “evergreen” clauses, which automatically extend the agreement for a fixed period if no party gives timely written notice that it wants the agreement to end. The question presented is: Whether a notice of termination for a collective bargaining agreement must contain a clear statement of an intent to terminate the agreement, as the Sixth and Seventh Circuits hold, or must contain specific wording only when the agreement requires it, as the First and Third Circuits and National Labor Relations Board hold.

Counsel of record

For petitioner
Michael Edward Kenneally Jr.
Morgan, Lewis & Bockius, LLP

For respondent
Frank Thomas Blechschmidt
Central States Funds, Law Department

Case

Conference history
Distributed for 1 conference

Amicus briefs
1 cert-stage

Proceedings

  1. Jun 26 2023
    Petition DENIED.
  2. Jun 06 2023
    DISTRIBUTED for Conference of 6/22/2023.
  3. Jun 05 2023
    Reply of petitioners Transervice Logistics, Inc., et al. filed. (Distributed)
    Main DocumentCertificate of Word CountProof of Service
  4. May 31 2023
    Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioner.
    Main Document
  5. May 24 2023
    Brief of respondents Central States, Southeast and Southwest Areas Pension Fund, et al. in opposition filed.
    Main DocumentProof of ServiceCertificate of Word Count
  6. Apr 24 2023
    Brief amici curiae of The Association of Food and Dairy Retailers, et al. filed.
    Main DocumentProof of ServiceCertificate of Word Count
  7. Apr 18 2023
    Motion to extend the time to file a response is granted and the time is extended to and including May 24, 2023.
  8. Apr 14 2023
    Motion to extend the time to file a response from April 24, 2023 to May 24, 2023, submitted to The Clerk.
    Main Document
  9. Mar 22 2023
    Petition for a writ of certiorari filed. (Response due April 24, 2023)
    PetitionAppendixCertificate of Word CountProof of Service