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Glacier Northwest, Inc. v. International Brotherhood of Teamsters

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Docket No. Op. Below Argument Opinion Vote Author Term
21-1449 Wash. Jan 10, 2023
 Jun 1, 2023 8-1 Barrett OT 2022

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 Justice Barrett on June 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.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Feb 08 2022Application (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 2022Application (21A413) granted by Justice Kagan extending the time to file until May 13, 2022.
May 12 2022Petition for a writ of certiorari filed. (Response due June 15, 2022)
May 26 2022Motion to extend the time to file a response from June 15, 2022 to July 15, 2022, submitted to The Clerk.
May 27 2022Motion to extend the time to file a response is granted and the time is extended to and including July 15, 2022.
Jun 15 2022Brief amicus curiae of Landmark Legal Foundation filed.
Jun 15 2022Brief amici curiae of Coalition for a Democratic Workplace, et al. filed.
Jun 15 2022Brief amicus curiae of The Buckeye Institute filed.
Jul 15 2022Brief of respondent International Brotherhood of Teamsters Local Union No. 174 in opposition filed.
Aug 02 2022Reply of petitioner Glacier Northwest, Inc., d/b/a CalPortland filed. (Distributed)
Aug 03 2022DISTRIBUTED for Conference of 9/28/2022.
Oct 03 2022Petition GRANTED.
Oct 27 2022Blanket Consent filed by Petitioner, Glacier Northwest, Inc., d/b/a CalPortland
Nov 01 2022Brief of petitioner Glacier Northwest, Inc., d/b/a CalPortland filed.
Nov 01 2022Joint appendix filed. (Statement of costs filed)
Nov 07 2022Brief amicus curiae of National Right to Work Legal Defense Foundation, Inc. filed.
Nov 08 2022Brief amicus curiae of United States in support of neither party filed.
Nov 08 2022Brief amici curiae of Coalition for a Democratic Workplace, et al. filed.
Nov 08 2022Brief amicus curiae of Landmark Legal Foundation filed.
Nov 08 2022Brief amicus curiae of The Chamber of Commerce of the United States of America filed.
Nov 08 2022Brief amicus curiae of The Buckeye Institute filed.
Nov 10 2022SET FOR ARGUMENT on Tuesday, January 10, 2023.
Nov 16 2022Record requested from the Supreme Court of Washington.
Nov 28 2022Motion 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 01 2022Brief of respondent International Brotherhood of Teamsters Local Union No. 174 filed.
Dec 07 2022CIRCULATION
Dec 08 2022Brief amici curiae of Unite Here International and International Association of Sheet Metal, Air, Rail, and Transportation Workers filed. (Distributed)
Dec 08 2022Brief amici curiae of United Brotherhood of Carpenters and Joiners of America, et al. filed. (Distributed)
Dec 08 2022Brief amicus curiae of The American Federation of Labor and Congress of Industrial Organizations filed. (Distributed)
Dec 08 2022Brief amici curiae of States of Washington et al. filed. (Distributed)
Dec 08 2022Brief amici curiae of Tort Scholars filed. (Distributed)
Dec 08 2022Brief amici curiae of Administrative Law, Constitutional Law, and Federal Courts Professors filed. (Distributed)
Dec 08 2022Brief amicus curiae of Constitutional Accountability Center filed. (Distributed)
Dec 08 2022Brief amici curiae of Professors M. Bodie, et al. filed. (Distributed)
Dec 13 2022Record received from the Supreme Court of Washington. The record has been transmitted electronically.
Dec 23 2022Motion 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 2022Reply of petitioner Glacier Northwest, Inc., d/b/a CalPortland filed. (Distributed)
Jan 10 2023Argued. 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 2023Letter 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 2023Letter of respondent International Brotherhood of Teamsters Local Union No. 174 filed. (Distributed)
Jun 01 2023Judgment 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 03 2023Judgment and mandate issued.