No. 21-1300

Mark Gabriele, et al. v. Service Employees International Union, Local 1000, et al.

Lower Court: Ninth Circuit
Docketed: 2022-03-29
Status: Denied
Type: Paid
Response Waived Experienced Counsel
Tags: civil-rights constitutional-rights due-process fair-share-fees good-faith-defense janus-vs-afscme restitution retroactivity section-1983 union-fees
Key Terms:
SocialSecurity FirstAmendment CriminalProcedure
Latest Conference: 2022-04-22
Question Presented (AI Summary)

Whether this Court's application of a rule of federal law to the parties before it requires every court to give retroactive effect to that decision

Question Presented (OCR Extract)

QUESTIONS PRESENTED Petitioners are employees of the State of California who declined to join a public union. They seek a refund of the fair-share fees that public-sector unions forcibly took from them and that this Court invalidated in Janus v. American Federation of State, County, and Municipal Employees, Council 31, 138 8. Ct. 2448 (2018). The Ninth Circuit rejected Petitioners’ claims and allowed the Respondent unions to keep their ill-gotten gains, concluding that 42 U.S.C. 1983 provides the unions with a good-faith defense. That ruling presents three, distinct questions for this Court’s review: 1. Whether this Court’s application of a rule of federal law to the parties before it requires every court to give retroactive effect to that decision. 2. Whether the proper remedy for the collection of an illegal fee is refund or restitution, regardless of the purported good faith of the fee collector. 3. Whether 42 U.S.C. 1983 provides a good-faith defense for private entities who violate private rights if the private entities acted under color of a law before it was held unconstitutional.

Docket Entries

2022-04-25
Petition DENIED.
2022-04-06
DISTRIBUTED for Conference of 4/22/2022.
2022-03-29
Waiver of right of respondent Service Employers International Union Local 1000, et al. to respond filed.
2022-03-25
Petition for a writ of certiorari filed. (Response due April 28, 2022)
2022-01-19
Application (21A336) granted by Justice Kagan extending the time to file until March 25, 2022.
2022-01-11
Application (21A336) to extend the time to file a petition for a writ of certiorari from January 24, 2022 to March 25, 2022, submitted to Justice Kagan.

Attorneys

Mark Gabriele, et al.
John J. BurschBursch Law PLLC, Petitioner
Service Employers International Union Local 1000, et al.
Scott A. KronlandAltshuler Berzon, LLP, Respondent