Editor's Note :

Editor's Note :

In previous years, the Court released orders the morning after the Court’s “Long Conference.” It has not done so this year. Beginning last Term, the Court consistently considered petitions at least two times before granting certiorari. To the extent that practice continues -- and there is no affirmative evidence the Court intends to drop it -- we would not expect orders granting certiorari today.

Unite Here Local 355 v. Mulhall

Docket No. Op. Below Argument Opinion Vote Author Term
12-99 11th Cir. Nov 13, 2013
Tr.Aud.
Dec 10, 2013 TBD Per Curiam OT 2013

Issue: Whether an employer and union may violate Section 302 of the Labor-Management Relations Act, 29 U.S.C. § 186, by entering into an agreement under which the employer exercises its freedom of speech by promising to remain neutral to union organizing, its property rights by granting union representatives limited access to the employer’s property and employees, and its freedom of contract by obtaining the union’s promise to forego its rights to picket, boycott, or otherwise put pressure on the employer’s business.

Judgment: Dismissed as improvidently granted in a per curiam opinion on December 10, 2013. Justice Breyer wrote a dissenting opinion, in which Justice Sotomayor and Kagan joined.

SCOTUSblog Coverage

DateProceedings and Orders
Jul 20 2012Petition for a writ of certiorari filed. (Response due August 23, 2012)
Aug 22 2012Brief of respondent Martin Mulhall in support filed.
Sep 5 2012DISTRIBUTED for Conference of September 24, 2012.
Oct 10 2012DISTRIBUTED for Conference of October 26, 2012.
Oct 31 2012Response Requested . (Due November 30, 2012)
Nov 20 2012Brief of respondent Hollywood Greyhound Track, Inc.d/b/a/ Mardi Gras Gaming in opposition filed. VIDED.
Nov 21 2012Response to conditional cross - petition from respondent Unite Here Local 355 filed. VIDED.
Nov 30 2012Reply of cross-petitioner Martin Mulhall filed. VIDED.
Dec 4 2012Reply of petitioner Unite Here Local 355 filed. VIDED.
Dec 5 2012DISTRIBUTED for Conference of January 4, 2013.
Jan 7 2013DISTRIBUTED for Conference of January 11, 2013.
Jan 14 2013The Solicitor General is invited to file a brief in this case expressing the views of the United States.
May 24 2013Brief amicus curiae of United States filed. VIDED.
Jun 3 2013Supplemental brief of Martin Mulhall in response to brief amicius curiae of the United States filed. (Distributed) VIDED.
Jun 3 2013Reply of petitioner Unite Here Local 355 to brief for United States as amicus curiae filed. VIDED. (Distributed)
Jun 4 2013DISTRIBUTED for Conference of June 20, 2013.
Jun 24 2013Petition GRANTED.
Jul 12 2013The time to file the joint appendix and petitioners' brief on the merits in the above-entitled case is extended to and including August 15, 2013.
Jul 12 2013The time to file respondents' briefs on the merits is extended to and including September 20, 2013.
Jul 24 2013Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondent Hollywood Greyhound Track, Inc.
Jul 24 2013Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondent Martin Mulhall.
Aug 13 2013Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for petitioner.
Aug 15 2013Joint appendix filed.
Aug 15 2013Brief of petitioner Unite Here Local 355 filed.
Aug 20 2013SET FOR ARGUMENT on Wednesday, November 13, 2013.
Aug 20 2013Brief amicus curiae of National Academy of Arbitrators filed.
Aug 22 2013Brief amicus curiae of United States filed.
Aug 22 2013Brief amici curiae of American Federation of Labor and Congress of Industrial Organizations, et al. filed. (Distributed)
Aug 26 2013CIRCULATED.
Sep 16 2013Record received from U.S.C.A. for 11th Circuit. (1 envelope)
Sep 17 2013Record received from U.S.D.C. for Southern District of Florida. (1 box)
Sep 20 2013Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Sep 20 2013Brief of respondent Martin Mulhall filed. (Distributed)
Sep 20 2013Brief of respondent Hollywood Greyhound Track, Inc. filed. (Distributed)
Sep 27 2013Brief amici curiae of National Federation of Independent Business Small Business Legal Center, et al. filed. (Distributed)
Sep 27 2013Brief amicus curiae of Council on Labor Law Equality filed. (Distributed)
Sep 27 2013Brief amicus curiae of Center for Constitutional Jurisprudence filed. (Distributed)
Oct 18 2013Reply of petitioner Unite Here Local 355 filed. (Distributed)
Oct 21 2013Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Nov 13 2013Argued. For petitioner: Richard G. McCracken, San Francisco, Cal.; and Michael R. Dreeben, Deputy Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) for respondents: William L. Messenger, Springfield, Va.
Dec 10 2013Writ of certiorari DISMISSED as improvidently granted. Breyer, J., with whom Sotomayor and Kagan, JJ., join, dissenting. Opinion per curiam.
Jan 13 2014JUDGMENT ISSUED.
Jan 15 2014Record from U.S.D.C. Southern District of Florida has been returned.
Jan 15 2014Record from U.S.C.A. 11th Circuit has been returned.
 
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