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June 07, 2005
Teamsters v. Continental: Certiorari?
I have previously criticized [here] the 5th Circuit's decision in Continental Airlines v. Teamsters (5th Cir 11/15/2004) because that court intends to continue being a renegade - correctly reciting the rules on judicial review of arbitrator awards and then refusing to apply them.
Teamsters filed [here] a petition for certiorari in the US Supreme Court, and Continental has filed [here] its reply. The issue now is whether the Supreme Court will consider this case worthy of its time and attention.
My view: The 5th Circuit was spanked in Paperworkers v. Misco, 484 US 29 (1987), and it's time for another one.
The Supreme Court will get excellent lawyering on both sides:
For Continental: Teresa Valderrama and Jarod D. Bonine of Baker Botts.For Teamsters: Roland P. Wilder Jr. and William R. Wilder of Baptiste & Wilder
Posted by Ross Runkel, Editor at LawMemo, publisher of Employment Law Memo. Try it.
