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Glacier Northwest, Inc. v. International Brotherhood of Teamsters

Docket No.21-1449
Op. BelowWash.
ArgumentJan 10, 2023

Holding

The National Labor Relations Act did not preempt Glacier's state tort claims related to the destruction of company property during a labor dispute where the union failed to take reasonable precautions to avoid foreseeable and imminent danger to the property.

Judgment

Reversed and remanded, 8-1, in an opinion by Amy Coney Barrett on Jun 1, 2023. Justice Thomas filed an opinion concurring in the judgement, in which Justice Gorsuch joined. Justice Alito filed an opinion concurring in the judgment, in which Justices Thomas and Gorsuch joined. Justice Jackson filed a dissenting opinion.

Proceedings & orders timeline

Feb 8, 2022
Application (21A413) to extend the time to file a petition for a writ of certiorari from March 16, 2022 to May 13, 2022, submitted to Justice Kagan.
Feb 11, 2022
Application (21A413) granted by Justice Kagan extending the time to file until May 13, 2022.
May 12, 2022
Petition for a writ of certiorari filed. (Response due June 15, 2022)
May 26, 2022
Motion to extend the time to file a response from June 15, 2022 to July 15, 2022, submitted to The Clerk.
May 27, 2022
Motion to extend the time to file a response is granted and the time is extended to and including July 15, 2022.
Jun 15, 2022
Brief amicus curiae of Landmark Legal Foundation filed.
Jun 15, 2022
Brief amici curiae of Coalition for a Democratic Workplace, et al. filed.
Jun 15, 2022
Brief amicus curiae of The Buckeye Institute filed.
Jul 15, 2022
Brief of respondent International Brotherhood of Teamsters Local Union No. 174 in opposition filed.
Aug 2, 2022
Reply of petitioner Glacier Northwest, Inc., d/b/a CalPortland filed. (Distributed)
Aug 3, 2022
DISTRIBUTED for Conference of 9/28/2022.
Oct 3, 2022
Petition GRANTED.
Oct 27, 2022
Blanket Consent filed by Petitioner, Glacier Northwest, Inc., d/b/a CalPortland
Nov 1, 2022
Brief of petitioner Glacier Northwest, Inc., d/b/a CalPortland filed.
Nov 1, 2022
Joint appendix filed. (Statement of costs filed)
Nov 7, 2022
Brief amicus curiae of National Right to Work Legal Defense Foundation, Inc. filed.
Nov 8, 2022
Brief amicus curiae of United States in support of neither party filed.
Nov 8, 2022
Brief amici curiae of Coalition for a Democratic Workplace, et al. filed.
Nov 8, 2022
Brief amicus curiae of Landmark Legal Foundation filed.
Nov 8, 2022
Brief amicus curiae of The Chamber of Commerce of the United States of America filed.
Nov 8, 2022
Brief amicus curiae of The Buckeye Institute filed.
Nov 10, 2022
SET FOR ARGUMENT on Tuesday, January 10, 2023.
Nov 16, 2022
Record requested from the Supreme Court of Washington.
Nov 28, 2022
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument filed.
Dec 1, 2022
Brief of respondent International Brotherhood of Teamsters Local Union No. 174 filed.
Dec 7, 2022
CIRCULATION
Dec 8, 2022
Brief amici curiae of Unite Here International and International Association of Sheet Metal, Air, Rail, and Transportation Workers filed. (Distributed)
Dec 8, 2022
Brief amici curiae of United Brotherhood of Carpenters and Joiners of America, et al. filed. (Distributed)
Dec 8, 2022
Brief amicus curiae of The American Federation of Labor and Congress of Industrial Organizations filed. (Distributed)
Dec 8, 2022
Brief amici curiae of States of Washington et al. filed. (Distributed)
Dec 8, 2022
Brief amici curiae of Tort Scholars filed. (Distributed)
Dec 8, 2022
Brief amici curiae of Administrative Law, Constitutional Law, and Federal Courts Professors filed. (Distributed)
Dec 8, 2022
Brief amicus curiae of Constitutional Accountability Center filed. (Distributed)
Dec 8, 2022
Brief amici curiae of Professors M. Bodie, et al. filed. (Distributed)
Dec 13, 2022
Record received from the Supreme Court of Washington. The record has been transmitted electronically.
Dec 23, 2022
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument GRANTED.
Dec 30, 2022
Reply of petitioner Glacier Northwest, Inc., d/b/a CalPortland filed. (Distributed)
Jan 10, 2023
Argued. For petitioner: Noel J. Francisco, Washington, D. C. For United States, as amicus curiae, supporting neither party: Vivek Suri, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondent: Darin M. Dalmat, Seattle, Wash.
Jan 12, 2023
Letter from petitioner notifying the Court of the January 11, 2023 order of the NLRB Division of Judges denying the motion for postponement of the January 24, 2023 hearing filed (order attached). (Distributed)
Mar 21, 2023
Letter of respondent International Brotherhood of Teamsters Local Union No. 174 filed. (Distributed)
Jun 1, 2023
Judgment REVERSED and case REMANDED. Barrett, J., delivered the opinion of the Court, in which Roberts, C. J., and Sotomayor, Kagan, and Kavanaugh, JJ., joined. Thomas, J., filed an opinion concurring in the judgment, in which Gorsuch, J., joined. Alito, J., filed an opinion concurring in the judgment, in which Thomas and Gorsuch, JJ., joined. Jackson, J., filed a dissenting opinion.
Jul 3, 2023
Judgment and mandate issued.

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