| ~~Date~~~~~~ |
~~~~~~~Proceedings and Orders~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ |
| Sep 25 2001 | Petition 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 2001 | Brief of respondent National Labor Relations Board in opposition |
| | filed. |
| Dec 5 2001 | Brief of Intervenor-Respondents in opposition filed. |
| Dec 5 2001 | Brief amici curiae of Chamber of Commerce of the United States, et al. |
| | filed. |
| Dec 18 2001 | Reply 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 2002 | Brief of petitioner BE&K Construction Co. filed. |
| Feb 19 2002 | Joint appendix filed. |
| Feb 19 2002 | Brief amicus curiae of Society for Human Resource Management and LPA, |
| | Inc. filed. |
| Feb 19 2002 | Brief amici curiae of Chamber of Commerce of the United States, et al. |
| | filed. |
| Feb 28 2002 | Record filed. |
| Mar 1 2002 | CIRCULATED. |
| Mar 21 2002 | Brief of respondent National Labor Relations Board filed. |
| Mar 21 2002 | Brief of respondents International Brotherhood of Electrical |
| | Workers,#302, et al. filed. |
| Apr 4 2002 | Reply 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. |
| | | |
| | | |