No. 20-1725

David Seidemann, et al. v. Professional Staff Congress Local 2334, et al.

Lower Court: Second Circuit
Docketed: 2021-06-14
Status: Denied
Type: Paid
Amici (2) Experienced Counsel
Tags: 42-U.S.C.-1983 42-usc-1983 civil-rights constitutional-violation due-process fair-share-fees good-faith-defense janus-v-afscme restitution retroactivity union-fees
Key Terms:
AdministrativeLaw SocialSecurity FirstAmendment ClassAction JusticiabilityDoctri
Latest Conference: 2021-09-27
Question Presented (from Petition)

Petitioners are current and former public-school teachers in the State of New York 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 S. Ct. 2448 (2018). The Second 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 the proper remedy for the collection of an illegal fee is refund or restitution, regardless of the purported good faith of the fee collector.

2. 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.

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.

Question Presented (AI Summary)

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

Docket Entries

2021-10-04
Petition DENIED.
2021-08-27
Reply of petitioners David Seidemann, et al. filed. (Distributed)
2021-08-25
DISTRIBUTED for Conference of 9/27/2021.
2021-08-05
Brief of respondents National Education Association, et al. in opposition filed.
2021-07-14
Brief amicus curiae of Liberty Justice Center filed.
2021-07-14
Brief amicus curiae of National Right to Work Legal Defense Foundation filed.
2021-06-23
Motion to extend the time to file a response is granted and the time is extended to and including August 6, 2021.
2021-06-22
Motion to extend the time to file a response from July 14, 2021 to August 6, 2021, submitted to The Clerk.
2021-06-18
Blanket Consent filed by Petitioners, David Seidemann, et al.
2021-06-10
Petition for a writ of certiorari filed. (Response due July 14, 2021)

Attorneys

David Seidemann, et al.
John J. BurschBursch Law PLLC, Petitioner
Liberty Justice Center
Jeffrey Michael SchwabLiberty Justice Center, Amicus
National Education Association
Scott A. KronlandAltshuler Berzon, LLP, Respondent
National Right to Work Legal Defense Foundation
Raymond J. LaJeunesse Jr.National Right to Work Legal Defense Foundation, Amicus