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Docket for 01-518
No. 01-518 Status: DECIDED
Title: BE&K Construction Company, Petitioner
v.
National Labor Relations Board, et al.
Docketed:          Lower Ct: United States Court of Appeals for the Sixth Circuit
September 26, 2001 (99-6469, 00-5012)

~~Date~~~~~~    ~~~~~~~Proceedings and Orders~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Sep 25 2001Petition for writ of certiorari filed. (Response due December 5, 2001)
Oct 18 2001 Order extending time to file response to petition until November
26, 2001.
Oct 18 2001 This extension is granted for all respondents.
Nov 19 2001 Order further extending time to file response to petition until
December 5, 2001.
Nov 19 2001 This extension is granted for all respondents.
Dec 5 2001Brief of respondent National Labor Relations Board in opposition
filed.
Dec 5 2001Brief of Intervenor-Respondents in opposition filed.
Dec 5 2001Brief amici curiae of Chamber of Commerce of the United States, et al.
filed.
Dec 18 2001Reply brief of petitioner BE&K Construction Co. filed.
Dec 19 2001 DISTRIBUTED for Conference of January 4, 2002
Jan 4 2002 Petition GRANTED. limited to the following question: "Did the
Court of Appeals err in holding that under Bill Johnson's
Restaurants, Inc. v. NLRB, 461 U.S. 731 (1983), the NLRB may
impose liability on an employer for filing a losing retaliatory
lawsuit, even if the employer could show the suit was not
objectively baseless under Professional Real Estate Inventors,
Inc. v. Columbia Pictures Industries, Inc., 508 U.S. 49 (1993)?"
SET FOR ARGUMENT April 16, 2002.
********************************************************
Feb 19 2002Brief of petitioner BE&K Construction Co. filed.
Feb 19 2002Joint appendix filed.
Feb 19 2002Brief amicus curiae of Society for Human Resource Management and LPA,
Inc. filed.
Feb 19 2002Brief amici curiae of Chamber of Commerce of the United States, et al.
filed.
Feb 28 2002 Record filed.
Mar 1 2002 CIRCULATED.
Mar 21 2002Brief of respondent National Labor Relations Board filed.
Mar 21 2002Brief of respondents International Brotherhood of Electrical
Workers,#302, et al. filed.
Apr 4 2002Reply brief of petitioner BE&K Construction Co. filed.
Apr 8 2002 Letter from Deputy Solicitor General received and distributed.
Apr 16 2002 ARGUED.
Apr 18 2002 LODGING consisting of twenty five copies of a letter and NLRB
Annual Report for 1999, submitted by the Solicitor General and
distributed.
Jun 24 2002 Adjudged to be REVERSED and REMANDED O'Connor, J., delivered the
opinion of the Court, in which Rehnquist, C.J., and Scalia,
Kennedy, and Thomas, JJ., joined. Scalia, J., filed a concurring
opinion, in which Thomas, J., joined. Breyer, J, filed an opinion
concurring in part and concurring in the judgment, in which
Stevens, Souter, and Ginsburg, JJ., joined.
Jul 24 2002 JUDGMENT ISSUED.
Jan 15 2003 Record returned to the USCA Sixth Circuit.
 


~~Name~~~~~~~~~~~~~~~~~~~~~    ~~~~~~~Address~~~~~~~~~~~~~~~~~~   ~~Phone~~~
Attorneys for Petitioner:
Maurice Baskin 1201 New York Ave., N. W. 2029624800
Suite 1000
Washington, DC 20005
Party name: BE&K Constr. Co.
 
Attorneys for Respondent:
Solicitor General U.S. Department of Justice
Washington, DC 20530
 
Peter D. Nussbaum Altshuler, Berzon, et al. 4154217151
177 Post Street, Suite 300
San Francisco, CA 94108
 
Sandra Rae Benson Van Bourg Weinberg Rober 5108296600
180 Grand Ave., 14th Floor
Oakland, CA 94512-3741
 
Other Attorneys:
Michael E. Avakian Smetana & Avakian 7033219181
5211 Port Royal Road, #103
Springfield, VA 22151
Party name: Chamber of Commerce of the United States, et al.
 
G. Roger King 1900 Huntington Center 6144693939
41 South High Street
Columbus, OH 43215
Party name: Society for Human Resource Management and LPA, Inc.
 
Stanley R. Strauss Ogletree Deakins Nash Smoak 2028870855
2400 N Street, NW
Washington, DC 20037
Party name: Chamber of Commerce of the United States, et al.
 
 

 

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