UNITED BROTH. OF CARP'S v. BLDG. & CONST. TRADES

No. 12-36049.

770 F.3d 834 (2014)

UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA; Southwest Regional Council of Carpenters; Southwest Carpenters JATC; Pacific Northwest Regional Council of Carpenters; Washington State UBC JATC; Northeast Carpenters Regional Council of Carpenters; Carpenters and Carpenters District Council of Greater St. Louis and Vicinity; Larry Gould; William Clayton; Jordan Truman; Butch Parker; Scott Flannery; Richard Burwell; Emanuel Lee; Paul Ledyard; Joseph Edney; Willie Marshall; John Lake; Roger Johnson; Brian Thompson; Charles McWilliams; Billy Cooley; Sheryl Hollis; Booker Standerfer; Bob Scott; Joe Baca, Plaintiffs-Appellants, v. BUILDING AND CONSTRUCTION TRADES DEP'T, AFL-CIO; James Williams; Ron Ault; David Molnaa, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed October 28, 2014.


Attorney(s) appearing for the Case

Craig D. Singer , Williams & Connolly LLP, Washington, DC, argued the cause and filed the briefs for the plaintiffs-appellants. With him on the briefs were Charles Davant IV , Williams & Connolly LLP, Washington, DC, Daniel M. Shanley , DeCarlo & Shanley, Los Angeles, CA, and G. Robert Blakey (Of Counsel), William J. and K. O'Neill Professor of Law, Notre Dame Law School, Notre Dame, IN.

Leon Dayan , Bredhoff & Kaiser, PLLC, Washington, DC, argued the cause and filed the brief for the defendants-appellees. With him on the brief were Abigail V. Carter , Joshua B. Shiffrin , Matthew Stark Rubin , and Laurence Gold , Bredhoff & Kaiser, PLLC, Washington, DC.

Before: DIARMUID F. O'SCANNLAIN, ANDREW J. KLEINFELD, and MARSHA S. BERZON, Circuit Judges.


OPINION

O'SCANNLAIN, Circuit Judge:

We must decide whether a labor union's use of economic pressure is extortion under the Racketeer Influenced and Corrupt Organizations Act.

I

The Building and Construction Trades Department, AFL-CIO, ("Building Trades") is an umbrella labor organization representing unions and individuals in the construction industry. Subordinate labor unions pay the Building Trades per capita monthly fees and must comply...

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