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Pollyanna Burns, et al. v. Service Employees International Union Local 284, et al.

Paid petition · United States Court of Appeals for the Eighth Circuit, No. 21-3052 · judgment July 28, 2023


Certiorari denied · February 20, 2024
Pre-decision estimate: 4% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, an Eighth Circuit decision below, and counsel who has filed here before.

Question presented

  1. Whether the First Amendment waiver requirement identified by the Supreme Court in Janus applies to public-sector employees at the time they sign a union dues checkoff form, and then also after they resign membership and seek to stop dues deductions.

  2. Whether unions are state actors under 42 U.S.C. § 1983 when the union acts pursuant to state law to direct a public employer to deduct dues from employees who have not affirmatively consented.

Counsel of record

For petitioner
James Vincent Francis Dickey
Upper Midwest Law Center

For respondent
Kari M Dahlin
Arthur Chapman Kettering Smetak and Pikala., PA

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Feb 20 2024
    Petition DENIED.
  2. Jan 24 2024
    DISTRIBUTED for Conference of 2/16/2024.
  3. Jan 12 2024
    Waiver of right of respondent Service Employees International Union Local 284 to respond filed.
  4. Jan 08 2024
    Waiver of right of respondent Independent School District No. 191 to respond filed.
  5. Dec 11 2023
    Petition for a writ of certiorari filed. (Response due January 12, 2024)