No. 24-202

J.G. Kern Enterprises, Inc. v. National Labor Relations Board

Lower Court: District of Columbia
Docketed: 2024-08-23
Status: Denied
Type: Paid
Response Waived
Tags: administrative-law agency-deference judicial-review nlrb-precedent non-acquiescence statutory-interpretation
Key Terms:
AdministrativeLaw Arbitration ERISA DueProcess Securities LaborRelations JusticiabilityDoctri
Latest Conference: 2024-10-11
Question Presented (from Petition)

With this background, the questions presented here, on which the circuits are split, are:

1. Whether the NLRB is precluded from relying on precedent vacated by a court of appeals in issuing an order that is arbitrary and capricious;

2. Whether courts of appeal following Loper Light are precluded from enforcing NLRB orders that ignore court rulings under the NLRB's so-called "non-acquiescence" doctrine.

Question Presented (AI Summary)

Whether the NLRB is precluded from relying on vacated precedent and enforcing orders under its non-acquiescence doctrine following the Loper Bright decision

Docket Entries

2024-10-15
Petition DENIED.
2024-09-25
DISTRIBUTED for Conference of 10/11/2024.
2024-09-23
Waiver of right of respondent National Labor Relations Board to respond filed.
2024-08-21
Petition for a writ of certiorari filed. (Response due September 23, 2024)

Attorneys

J.G. Kern Enterprises, Inc.
Maurice BaskinLittler Mendelson, P.C., Petitioner
National Labor Relations Board
Elizabeth B. PrelogarSolicitor General, Respondent