No. 25-7506October Term 2025Before Arguments
Sheila Foster, Petitioner v. Robert Jesel, et al.
from the United States Court of Appeals for the Fifth Circuit.
Case status
- Current stage
- Before Arguments
- Latest event
- Accepted by the Court
- Decision timing
- No window until argument is scheduled.
- What it's about
from the United States Court of Appeals for the Fifth Circuit.
Question presented
1. Whether the six-month statute of limitations for a duty-of-fair-representation claim under the Railway Labor Act, 45 U.S.C. § 151 et seq., is subject to equitable tolling when a union and its representatives repeatedly misrepresent that they are pursuing arbitration of an employee's grievance, thereby inducing the employee's reasonable delay in filing suit? 2. Whether a district court abuses its discretion by dismissing a complaint with prejudice on statute-of-limitations grounds, without permitting discovery or leave to amend, when the plaintiff has pleaded specific facts showing ongoing union misrepresentations and diligent inquiry that could support tolling under Del Costello v. International Brotherhood of Teamsters, 462 U.S. 151 (1983), and Fifth Circuit precedent? 3. Whether the Railway Labor Act's duty-of-fair-representation doctrine preempts state-law claims for breach of contract and misrepresentation when those claims arise solely from a union's failure to perform representational duties expressly set forth in a collective-bargaining agreement, or whether courts may instead apply uniform federal standards without selective invocation of preemption or choice-of-law principles?
- Case path
United States Court of Appeals for the Fifth Circuit / Accepted by the Court
- Area
Business and Regulation
Timing
Expected by late June 2026, if argued this term
The Court granted review but has not yet scheduled oral argument. Once argued, the median case reaches a decision in 94 days. Nearly all cases are decided by the end of the term in which they are argued.
Briefing
What it's about
Sheila Foster is asking the Supreme Court to hear a dispute over whether an employee can get extra time to sue a union under the Railway Labor Act when union representatives allegedly said they were still pursuing arbitration. She also argues the lower court should not have permanently dismissed her case on deadline grounds without discovery or a chance to amend, and she challenges how related state-law claims were treated.
Argument
No argument is scheduled yet. Foster's petition asks the Court to review equitable tolling (extra time to sue), a permanent dismissal on deadline grounds, and preemption (whether federal law blocks related state-law claims).
Impact
The case could affect how long employees have to sue when they say a union's repeated statements caused them to miss a filing deadline. It also matters for workers whose complaints are thrown out early, before they can get discovery or try to fix the complaint.
What is Sheila Foster v. Jesel about?
It asks whether a worker gets extra time to sue when union officials allegedly said they were still pursuing arbitration. It also challenges an early, permanent dismissal and the treatment of related state-law claims.
Who could be affected if the Court takes Sheila Foster v. Jesel?
Employees covered by the Railway Labor Act and their unions could be affected. The case could shape deadline fights and whether related state-law claims stay in court.
What happens next in Sheila Foster v. Jesel?
The Court must first decide whether to hear the case. If it does, the next public sign would be a scheduling order or oral argument date.
Related cases
Grounding
- Grounding
- Primary materials plus reporting.
- Note
- Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.
- Checked
- Jul 17, 2026
- Method
- Methodology