No. 22-255

Scott Wilford, et al. v. National Education Association, et al.

Lower Court: Ninth Circuit
Docketed: 2022-09-19
Status: Denied
Type: Paid
Response Waived Experienced Counsel
Tags: 42-usc-1983 civil-rights due-process fair-share-fees free-speech good-faith-defense janus-precedent public-sector-unions retroactive-effect retroactivity section-1983
Key Terms:
AdministrativeLaw SocialSecurity FirstAmendment CriminalProcedure Jurisdiction
Latest Conference: 2022-10-07
Question Presented (from Petition)

1. Whether the Ninth Circuit erred by basing a defense to § 1983 on "equality and fairness" rather than determining whether the common law in 1871 provided a good-faith defense to a private party for the most analogous tort.

2. Whether the remedy Petitioners seek is equitable restitution such that a good-faith defense to money damages, if it exists, does not apply.

3. Whether a good-faith defense, if it exists, applies only to individuals, not legal entities like the Respondent unions.

4. Whether the Ninth Circuit erred by failing to give Janus truly retroactive effect.

Question Presented (AI Summary)

Whether the Ninth Circuit erred in allowing public-sector unions to keep ill-gotten fair-share fees

Docket Entries

2022-10-11
Petition DENIED.
2022-09-21
DISTRIBUTED for Conference of 10/7/2022.
2022-09-19
Waiver of right of respondent National Education Association of the United States, et al. to respond filed.
2022-09-15
2022-06-28
Application (21A859) granted by Justice Kagan extending the time to file until September 16, 2022.
2022-06-23
Application (21A859) to extend the time to file a petition for a writ of certiorari from July 18, 2022 to September 16, 2022, submitted to Justice Kagan.
2022-06-23
Response to application from respondents filed.

Attorneys

National Education Association of the United States, et al.
Scott A. KronlandAltshuler Berzon, LLP, Respondent
Scott Wilford, et al.
John J. BurschBursch Law PLLC, Petitioner