No. 20-1252

Stephen J. Simoni v. Jersey Shore University Medical Center, et al.

Lower Court: Third Circuit
Docketed: 2021-03-10
Status: Denied
Type: Paid
Tags: arbitration attorneys-fees circuit-court-interpretation civil-procedure federal-courts federal-labor-law labor-arbitration labor-law supreme-court-precedent union-rights
Key Terms:
Arbitration
Latest Conference: 2021-06-10
Question Presented (AI Summary)

Can arbitrators disregard Supreme Court precedent on awarding attorneys' fees to union members wrongfully denied mandated arbitration?

Question Presented (OCR Extract)

QUESTION PRESENTED United States Supreme Court precedent requires that union members be awarded attorneys’ fees where the employer wrongfully blocked access to quick and inexpensive mandated arbitration and thereby forced the union members to seek a remedy in the judiciary. But are arbitrators in federal labor cases free to disregard this United States Supreme Court precedent simply because the subject Circuit Court of Appeals has not yet itself addressed the issue? i

Docket Entries

2021-06-14
Petition DENIED.
2021-05-25
DISTRIBUTED for Conference of 6/10/2021.
2021-05-10
Brief of respondents Jersey Shore University Medical Center, et al. in opposition filed.
2021-04-05
Motion to extend the time to file a response from April 9, 2021 to May 10, 2021, submitted to The Clerk.
2021-04-05
Motion to extend the time to file a response is granted and the time is extended to and including May 10, 2021, for all respondents.
2021-03-08
Petition for a writ of certiorari filed. (Response due April 9, 2021)

Attorneys

Jersey Shore University Medical Center, et al.
William M. HonanFox Rothschild LLP, Respondent
Stephen Simoni
Stephen J. SimoniSimoni Law Offices, Petitioner