Supreme Court of the United States

QUESTION PRESENTED:

Whether the Federal Arbitration Act requires enforcement of a bilateral arbitration agreement providing that an employee cannot raise representative claims, including under the California Private Attorneys General Act.

Date  Proceedings and Orders
May 10 2021 | Petition for a writ of certiorari filed. (Response due June 14, 2021)
May 25 2021 | Blanket Consent filed by Petitioner, Viking River Cruises, Inc.
Jun 11 2021 | Brief amicus curiae of Washington Legal Foundation filed.
Jun 14 2021 | Brief amicus curiae of Retail Litigation Center, Inc. filed.
Jun 14 2021 | Brief amicus curiae of California New Car Dealers Association filed.
Jun 14 2021 | Brief amicus curiae of The Chamber of Commerce of the United States of America filed.
Jun 14 2021 | Brief amicus curiae of Restaurant Law Center filed.
Jun 30 2021 | DISTRIBUTED for Conference of 9/27/2021.
Jul 13 2021 | Response Requested. (Due August 12, 2021)
Aug 04 2021 | Motion to extend the time to file a response from August 12, 2021 to September 10, 2021, submitted to The Clerk.
Aug 05 2021 | Motion to extend the time to file a response is granted and the time is extended to and including September 10, 2021.
Sep 10 2021 | Brief of respondent Angie Moriana in opposition filed.
Sep 28 2021 | Reply of petitioner Viking River Cruises, Inc. filed.
Nov 23 2021 | DISTRIBUTED for Conference of 12/10/2021.
Dec 15 2021 | Petition GRANTED.
Jan 04 2022 | Blanket Consent filed by Petitioner, Viking River Cruises, Inc.
Jan 13 2022 | Blanket Consent filed by Respondent, Angie Moriana
Jan 28 2022 | ARGUMENT SET FOR Wednesday, March 30, 2022.
Jan 31 2022 | Brief of petitioner Viking River Cruises, Inc. filed.
Jan 31 2022 | Joint appendix filed.
Feb 01 2022 | Record requested from the U.S. Court of Appeal of California 2nd Appellate.
Feb 04 2022 | Brief amicus curiae of California New Car Dealers Association filed.
Feb 04 2022 | Brief amici curiae of Washington Legal Foundation and Atlantic Legal Foundation filed. (Distributed)
Feb 07 2022 | Brief amicus curiae of Employers Group filed.
Feb 07 2022 | Brief amici curiae of Uber Technologies, Inc. and Postmates, LLC filed.
Feb 07 2022 | Brief amici curiae of The Chamber of Commerce of the United States of America, et al. filed.
Feb 07 2022 | Brief amici curiae of Retail Litigation Center, Inc. and the National Retail Federation filed.
Feb 07 2022 | Brief amicus curiae of California Employment Law Council filed.
Feb 07 2022 | Brief amicus curiae of Civil Justice Association of California filed.
Feb 07 2022 | Brief amicus curiae of Restaurant Law Center filed.
Feb 07 2022 | Brief amicus curiae of The California Business and Industrial Alliance filed. (Distributed)
Feb 11 2022 | CIRCULATED
Feb 14 2022 | The record received from the Superior Court of California County of Los Angeles has been electronically filed.
Mar 02 2022 | Brief of respondent Angie Moriana filed. (Distributed)
Mar 08 2022 | Amicus brief of National Academy of Arbitrators not accepted for filing. (March 08, 2022 -- Corrected version to be submitted)
Mar 08 2022 | Brief amicus curiae of National Academy of Arbitrators filed. (Distributed)
Mar 08 2022 | Brief amicus curiae of Steve Chow filed. (Distributed)
Mar 09 2022 | Brief amicus curiae of The American Federation of Labor and Congress of Industrial Organizations filed. (Distributed)
Mar 09 2022 | Brief amici curiae of California Rural Legal Assistance, Inc. and California Rural Legal Assistance Foundation filed. (Distributed)
Mar 09 2022 | Brief amici curiae of Civil Procedure and Arbitration Law Professors filed. (Distributed)
M...

QUESTION PRESENTED:

Whether Congress has the power to authorize suits against nonconsenting states pursuant to its constitutional war powers.

Date     Proceedings and Orders
Nov 02 2020 | Petition for a writ of certiorari filed. (Response due December 7, 2020)
Nov 03 2020 | Waiver of right of respondent Texas Department of Public Safety to respond filed.
Nov 17 2020 | DISTRIBUTED for Conference of 12/4/2020.
Nov 24 2020 | Response Requested. (Due December 28, 2020)
Dec 01 2020 | Motion to extend the time to file a response from December 28, 2020 to January 27, 2021, submitted to The Clerk.
Dec 02 2020 | Motion to extend the time to file a response is granted and the time is extended to and including January 27, 2021.
Dec 23 2020 | Brief amicus curiae of Professor Jeffrey M. Hirsch filed.
Dec 23 2020 | Brief amicus curiae of Reserve Organization of America filed.
Dec 23 2020 | Brief amici curiae of Philip C. Bobbitt, Michael C. Dorf, and H. Jefferson Powell filed.
Jan 27 2021 | Brief of respondent Texas Department of Public Safety in opposition filed.
Feb 10 2021 | DISTRIBUTED for Conference of 2/26/2021.
Feb 10 2021 | Reply of petitioner Le Roy Torres filed. (Distributed)
Mar 01 2021 | The Acting Solicitor General is invited to file a brief in this case expressing the views of the United States.
Nov 09 2021 | Brief amicus curiae of United States filed.
Nov 23 2021 | DISTRIBUTED for Conference of 12/10/2021.
Nov 23 2021 | Supplemental brief of petitioner Le Roy Torres filed. (Distributed)
Dec 15 2021 | Petition GRANTED.
Dec 22 2021 | Blanket Consent filed by Respondent, Texas Department of Public Safety
Dec 29 2021 | Blanket Consent filed by Petitioner, Le Roy Torres
Dec 30 2021 | Motion to dispense with printing the joint appendix filed by petitioner Le Roy Torres.
Jan 18 2022 | Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
Jan 26 2022 | Record requested from the Court of Appeals of Texas 13th District.
Jan 28 2022 | ARGUMENT SET FOR Tuesday, March 29, 2022.
Jan 31 2022 | The record received from the Court of Appeals of Texas 13th District is electronic and located on the Court of Appeals of Texas web site. Also one envelope containing the Notice of Appeal, Clerk's Record, and Reporter's Record.
Jan 31 2022 | Brief of petitioner Le Roy Torres filed.
Feb 07 2022 | Brief amicus curiae of United States filed.
Feb 07 2022 | Brief amici curiae of Scholars of Constitutional Law and The Law of Federal and State Courts filed.
Feb 07 2022 | Brief amicus curiae of Professor Jeffrey M. Hirsch filed.
Feb 07 2022 | Brief amici curiae of War Powers Scholars filed.
Feb 07 2022 | Brief amicus curiae of Reserve Organization of America filed.
Feb 07 2022 | Brief amici curiae of National Veterans Legal Services Program, et al. filed.
Feb 07 2022 | Brief amici curiae of Philip C. Bobbitt, Michael C. Dorf, and H. Jefferson Powell filed.
Feb 07 2022 | Brief amicus curiae of Constitutional Accountability Center filed.
Feb 07 2022 | Brief amici curiae of Former Members of Congress filed.
Feb 07 2022 | Brief amicus curiae of Bipartisan Members of Congress filed. (Distributed)
Feb 11 2022 | CIRCULATED
Mar 02 2022 | Brief of respondent Texas Department of Public Safety filed. (Distributed)
Mar 03 2022 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Mar 09 2022 | Brief amici curiae of State of Montana and 14 Other States filed. (Distributed)
Mar 09 2022 | Brief amicus curiae of Professor Philip A. Pucillo filed. (Distributed)
Mar 09 2022 | Brief amicus curiae of Separation of Powers Clinic at Antonin Scalia Law School filed. (Distributed)
Mar 18 2022 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument GRANTED.
M...

QUESTION PRESENTED:

Whether a locomotive is in use on a railroad’s line and subject to the Locomotive Inspection Act and its safety regulations when its train makes a temporary stop in a railyard as part of its unitary journey in interstate commerce, or whether such use does not resume until the locomotive has left the yard as part of a fully assembled train, as held by the U.S. Court of Appeals for the 7th Circuit below, contrary to the decisions of the Supreme Court and other circuits.

Date  Proceedings and Orders
Dec 10 2020 | Petition for a writ of certiorari filed. (Response due January 14, 2021)
Dec 28 2020 | Brief amici curiae of Sheet Metal, Air, Rail Transportation Workers, et al. filed.
Jan 10 2021 | Certificate of service filed with respect to amici curiae brief of Sheet Metal, Air, Rail Transportation Workers, et al.
Jan 10 2021 | Certificate of compliance filed with respect to brief amici curiae brief of Sheet Metal, Air, Rail Transportation Workers, et al. .
Jan 27 2021 | DISTRIBUTED for Conference of 2/19/2021.
Feb 01 2021 | Waiver of right of respondent Union Pacific Railroad Company to respond filed.
Feb 08 2021 | Response Requested. (Due March 10, 2021)
Mar 02 2021 | Motion to extend the time to file a response from March 10, 2021 to April 9, 2021, submitted to The Clerk.
Mar 03 2021 | Motion to extend the time to file a response is granted and the time is extended to and including April 9, 2021.
Apr 09 2021 | Brief of respondent Union Pacific Railroad Company in opposition filed.
Apr 23 2021 | Reply of petitioner Bradley LeDure filed. (Distributed)
Apr 27 2021 | DISTRIBUTED for Conference of 5/13/2021.
May 17 2021 | The Acting Solicitor General is invited to file a brief in this case expressing the views of the United States. Justice Barrett took no part in the consideration of this petition.
Nov 09 2021 | Brief amicus curiae of United States filed.
Nov 23 2021 | DISTRIBUTED for Conference of 12/10/2021.
Dec 15 2021 | Petition GRANTED limited to Question 1 presented by the petition. Justice Barrett took no part in the consideration or decision of this petition.
Jan 26 2022 | Record requested from the U.S.C.A. 7th Circuit.
Jan 28 2022 | ARGUMENT SET FOR Monday, March 28, 2022.
Jan 31 2022 | Brief of petitioner Bradley LeDure filed.
Jan 31 2022 | Joint appendix filed. (Statement of costs filed)
Jan 31 2022 | The record from the U.S.C.A. 7th Circuit is electronic and located on Pacer.
Feb 07 2022 | Brief amicus curiae of United States filed.
Feb 07 2022 | Amicus brief of Sheet Metal, Air, Rail Transportation Workers, et al. not accepted for filing.(Corrected version submitted) (February 09, 2022)
Feb 07 2022 | Brief amici curiae of Sheet Metal, Air, Rail Transportation Workers-Transportation Division, et al. filed.
Feb 11 2022 | CIRCULATED
Feb 15 2022 | The record from the U.S.D.C. Southern District of Illinois is electronic and located on Pacer.
Mar 02 2022 | Brief of respondent Union Pacific Railroad Company filed. (Distributed)
Mar 07 2022 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument filed.
Mar 09 2022 | Brief amicus curiae of Association of American Railroads filed. (Distributed)
Mar 09 2022 | Brief amicus curiae of Chamber of Commerce of the United States of America filed. (Distributed)
Mar 18 2022 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument GRANTED. Justice Barrett took no part in the consideration or decision of this motion.
Mar 18 2022 | Reply of petitioner Bradley LeDure filed. (Distributed)
Mar 28 2022 | Argued. For petitioner: David C. Frederick, Washington, D. C.; and Colleen E. Sinzdak, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondent: J. Scott Ballenger, Washington, D. C.

QUESTION PRESENTED:

Whether workers who load or unload goods from vehicles that travel in interstate commerce, but do not physically transport such goods themselves, are interstate “transportation workers” exempt from the Federal Arbitration Act.

Date   Proceedings and Orders
Aug 27 2021 | Petition for a writ of certiorari filed. (Response due September 30, 2021)
Sep 08 2021 | Motion to extend the time to file a response from September 30, 2021 to November 1, 2021, submitted to The Clerk.
Sep 09 2021 | Motion to extend the time to file a response is granted and the time is extended to and including November 1, 2021.
Sep 27 2021 | Brief amicus curiae of Washington Legal Foundation filed.
Sep 30 2021 | Brief amicus curiae of Airlines for America filed.
Nov 01 2021 | Brief of respondent Latrice Saxon in opposition filed.
Nov 15 2021 | Reply of petitioner Southwest Airlines Co. filed. (Distributed)
Nov 16 2021 | DISTRIBUTED for Conference of 12/3/2021.
Dec 06 2021 | DISTRIBUTED for Conference of 12/10/2021.
Dec 10 2021 | Petition GRANTED. Justice Barrett took no part in the consideration or decision of this petition.
Jan 18 2022 | Motion to dispense with printing the joint appendix filed by petitioner Southwest Airlines Co.
Jan 24 2022 | Brief of petitioner Southwest Airlines Co. filed.
Jan 26 2022 | Record requested from the U.S.C.A. 7th Circuit.
Jan 26 2022 | The record from the U.S.C.A. 7th Circuit is electronic and located on Pacer.
Jan 28 2022 | ARGUMENT SET FOR Monday, March 28, 2022.
Jan 28 2022 | Brief amicus curiae of Washington Legal Foundation filed.
Jan 31 2022 | Brief amici curiae of Chamber of Commerce of the United States of America; National Association of Manufacturers filed.
Jan 31 2022 | Brief amicus curiae of Lyft, Inc. filed.
Jan 31 2022 | Brief amici curiae of Airlines for America filed.
Jan 31 2022 | Brief amicus curiae of Uber Technologies, Inc. filed.
Jan 31 2022 | Brief amicus curiae of Amazon.com, Inc. filed.
Feb 11 2022 | CIRCULATED
Feb 22 2022 | Motion to dispense with printing the joint appendix filed by petitioner GRANTED. Justice Barrett took no part in the consideration or decision of this motion.
Feb 22 2022 | Motion for an extension of time to file respondent's brief on the merits filed.
Feb 22 2022 | Motion to extend the time to file respondent's brief on the merits is granted and the time is extended to and including February 24, 2022.
Feb 24 2022 | Brief of respondent Latrice Saxon filed. (Distributed)
Mar 01 2022 | Brief amicus curiae of National Employment Lawyers Association filed. (Distributed)
Mar 02 2022 | Amicus brief of Historians not accepted for filing. (March 02, 2022)
Mar 02 2022 | Brief amici curiae of Historians filed. (Distributed)
Mar 02 2022 | Brief amicus curiae of American Federation of Labor and Congress of Industrial Organizations filed. (Distributed)
Mar 02 2022 | Brief amici curiae of National Academy of Arbitrators and National Association of Railroad Referees filed (3/10/2020). (Distributed)
Mar 03 2022 | Brief amicus curiae of Public Justice filed. (Distributed)
Mar 03 2022 | Brief amicus curiae of American Association for Justice filed. (Distributed)
Mar 03 2022 | Brief amici curiae of State of Illinois, et al. filed. (Distributed)
Mar 17 2022 | Reply of petitioner Southwest Airlines Co. filed. (Distributed)
Mar 28 2022 | Argued. For petitioner: Shay Dvoretzky, Washington, D. C. For respondent: Jennifer D. Bennett, San Francisco, Cal.

QUESTION PRESENTED:

Whether 28 U.S.C. § 1782(a), which permits litigants to invoke the authority of United States courts to render assistance in gathering evidence for use in “a foreign or international tribunal,” encompasses private commercial arbitral tribunals, as the U.S. Courts of Appeals for the 4th and 6th Circuits have held, or excludes such tribunals, as the U.S. Courts of Appeals for the 2nd, 5th and 7th Circuits have held.

Date Proceedings and Orders
Sep 10 2021 | Petition for a writ of certiorari before judgment filed. (Response due October 14, 2021)
Oct 14 2021 | Brief of respondent Luxshare, Ltd. in opposition filed.
Oct 15 2021 | Application (21A80) for a stay, submitted to Justice Kavanaugh.
Oct 15 2021 | Response to application (21A80) requested by Justice Kavanaugh, due Thursday, October 21, by 4 p.m.
Oct 21 2021 | Response to application from respondent Luxshare, Ltd. filed.
Oct 22 2021 | Reply of applicants ZF Automotive US, Inc., et al. filed.
Oct 27 2021 | Application (21A80) referred to the Court.
Oct 27 2021 | Application (21A80) granted by the Court. The application for stay presented to Justice Kavanaugh and by him referred to the Court is granted, and it is ordered that the order of the United States District Court for the Eastern District of Michigan, entered August 17, 2021, is stayed pending the disposition of the petition for a writ of certiorari before judgment. Should the petition for a writ of certiorari before judgment be denied, this stay shall terminate automatically. In the event the petition for a writ of certiorari before judgment is granted, the stay shall terminate upon the sending down of the judgment of this Court.
Nov 01 2021 | Reply of petitioners ZF Automotive US, Inc., et al. filed. (Distributed)
Nov 02 2021 | DISTRIBUTED for Conference of 11/19/2021.
Nov 08 2021 | Supplemental brief of petitioners ZF Automotive US, Inc., et al. filed. (Distributed)
Nov 15 2021 | Rescheduled.
Nov 16 2021 | DISTRIBUTED for Conference of 12/3/2021.
Dec 06 2021 | DISTRIBUTED for Conference of 12/10/2021.
Dec 10 2021 | Petition for a writ of certiorari before judgment GRANTED. The motion of International Institute for Conflict Prevention & Resolution, Inc. for leave to file a brief as amicus curiae in No. 21-518 is granted. The petition for a writ of certiorari in No. 21-518 is granted. The cases are consolidated, and a total of one hour is allotted for oral argument. VIDED.
Dec 10 2021 | Because the Court has consolidated these cases for briefing and oral argument, future filings and activity in the cases will now be reflected on the docket of No. 21-401. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 21-401. Each document submitted in connection with one or more of these cases must include on its cover the case number and caption for each case in which the filing is intended to be submitted. Where a filing is submitted in fewer than all of the cases, the docket entry will reflect the case number(s) in which the filing is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.”
Jan 13 2022 | Blanket Consent filed by Petitioner, ZF Automotive US, Inc., et al.
Jan 13 2022 | Blanket Consent filed by Respondent, Luxshare, Ltd.
Jan 13 2022 | Blanket Consent filed by Petitioner, AlixPartners, LLP and Mr. Simon Freakley
Jan 24 2022 | Joint appendix filed (in 21-401). (Statement of costs filed)
Jan 24 2022 | Brief of petitioners ZF Automotive US, Inc., et al. filed (in 21-401).
Jan 24 2022 | Joint appendix filed (in 21-518).
Jan 24 2022 | Brief of petitioners AlixPartners, LLP and Mr. Simon Freakley filed (in 21-518).
Jan 26 2022 | Record requested from the U.S.C.A. 6th Circuit.
Jan 28 2022 | ARGUMENT SET FOR Wednesday, March 23, 2022. VIDED.
Jan 28 2022 | Brief amici curiae of Dr. Xu Guojian, Li Hongji, Zhu Yongrui, Tang Qingyang, and Dr. Zhang Guanglei filed (in 21-401).
Jan 31 2022 | Brief amicus curiae of United States filed. VIDED.
Jan 31 2022 | Brief amicus curiae of International Arbitration Center in Tokyo in support of neither party filed (in 21-401).
Jan 31 2022 | Brief amicus curiae of Halliburton Company filed (in 21-401).
Jan 31 2022 | Brief amici curiae of Chamber of Commerce of the United States; Business Roundtable filed (in 21-401).
Jan 31 2022 | Brief amici curiae of The International Court of Arbitration of the International Chamber of Commerce and the United States Council for International Business supporting neither party filed (in 21-401).
Jan 31 2022 | Brief amicus curiae of Institute of International Bankers filed. VIDED.
Jan 31 2022 | Brief amicus curiae of Professor Yanbai Andrea Wang supporting neit...

QUESTION PRESENTED:

Whether, upon finding that return to the country of habitual residence places a child at grave risk, a district court is required to consider ameliorative measures that would facilitate the return of the child notwithstanding the grave risk finding.

DateProceedings and Orders (key to color coding)
Jan 26 2021 | Petition for a writ of certiorari filed. (Response due March 1, 2021)
Mar 01 2021 | Brief of respondent Isacco Saada in opposition filed.
Mar 01 2021 | Brief amici curiae of Individuals and Organizations Advocating for Victims of Domestic Violence (Sanctuary for Families, Inc., et al.) filed.
Mar 01 2021 | Brief amicus curiae of Frederick K. Cox International Law Center filed.
Mar 16 2021 | DISTRIBUTED for Conference of 4/1/2021.
Mar 16 2021 | Reply of petitioner Narkis Golan filed. (Distributed)
Apr 05 2021 | The Acting Solicitor General is invited to file a brief in this case expressing the views of the United States.
Oct 27 2021 | Brief amicus curiae of United States filed.
Nov 16 2021 | DISTRIBUTED for Conference of 12/3/2021.
Dec 06 2021 | DISTRIBUTED for Conference of 12/10/2021.
Dec 10 2021 | Petition GRANTED.
Jan 11 2022 | Blanket Consent filed by Petitioner, Narkis Golan
Jan 19 2022 | Brief of petitioner Narkis Golan filed.
Jan 19 2022 | Joint appendix filed. (Statement of costs filed)
Jan 24 2022 | Brief amici curiae of Child Justice, Inc., Prevent Child Abuse NY and Professor Jennifer Baum filed.
Jan 24 2022 | Blanket Consent filed by Respondent, Isacco Saada
Jan 26 2022 | Record requested from the U.S.C.A. 2nd Circuit.
Jan 26 2022 | Brief amici curiae of Hague Convention Delegates Jamison Selby Borek & James Hergen filed.
Jan 26 2022 | Brief amicus curiae of United States filed.
Jan 26 2022 | Brief amici curiae of Former Judges filed.
Jan 26 2022 | Brief amici curiae of The National Association of Social Workers, et al. filed.
Jan 26 2022 | Brief amicus curiae of Frederick K. Cox International Law Center filed.
Jan 26 2022 | Brief amici curiae of Domestic Violence Survivors filed.
Jan 26 2022 | Brief amici curiae of Individuals and Organizations Advocating for Victims of Domestic Violence (Sanctuary for Families, Inc. et al.) filed.
Jan 26 2022 | Brief amici curiae of Italian Organizations Advocating for Victims of Domestic Violence filed.
Jan 27 2022 | Brief amicus curiae of American Academy of Matrimonial Lawyers in support of neither party filed.
Jan 27 2022 | The record received from the U.S.C.A. 2nd Circuit has been electronically filed.
Jan 28 2022 | ARGUMENT SET FOR Tuesday, March 22, 2022.
Feb 03 2022 | The record received from the U.S.D.C. Eastern District of New York has been electronically filed.
Feb 11 2022 | CIRCULATED
Feb 18 2022 | Brief of respondent Isacco Saada filed. (Distributed)
Feb 24 2022 | Brief amicus curiae of International Academy of Family Lawyers filed. (Distributed)
Feb 25 2022 | Brief amici curiae of Professors of Law Linda J. Silberman, Robert G. Spector, and Louise Ellen Teitz filed. (Distributed)
Feb 25 2022 | Brief amicus curiae of Child Abduction Lawyers Association (CALA) filed. (Distributed)
Feb 25 2022 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument filed.
Mar 04 2022 | Proposal of respondent to lodge a copy and a certified English translation of the December 16, 2021 order of the Milan Court of First Instance in Saada v. Golan filed. (Distributed)
Mar 07 2022 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument GRANTED in part, and the time is allotted as follows: 20 minutes for petitioner, 15 minutes for the Solicitor General, and 35 minutes for respondent.
Mar 11 2022 | Reply of petitioner Narkis Golan filed. (Distributed)
Mar 15 2022 | The Clerk has approved respondent's lodging proposal of March 4, 2022.
Mar 15 2022...

QUESTION PRESENTED:

Whether the arbitration-specific requirement that the proponent of a contractual waiver defense prove prejudice violates the Supreme Court’s instruction in AT&T Mobility LLC v. Concepcion that lower courts must “place arbitration agreements on an equal footing with other contracts."

Date Proceedings and Orders
Aug 27 2021 | Petition for a writ of certiorari filed. (Response due October 1, 2021)
Sep 29 2021 | Motion for leave to file amici brief filed by Law Professors.
Oct 01 2021 | Brief of respondent Sundance, Inc. in opposition filed.
Oct 15 2021 | Reply of petitioner Robyn Morgan filed.
Oct 20 2021 | DISTRIBUTED for Conference of 11/5/2021.
Nov 08 2021 | DISTRIBUTED for Conference of 11/12/2021.
Nov 15 2021 | Motion for leave to file amici brief filed by Law Professors GRANTED.
Nov 15 2021 | Petition GRANTED.
Nov 30 2021 | Motion for an extension of time to file respondent's brief on the merits filed.
Nov 30 2021 | Application (21A215) to extend the time to file a reply brief on the merits to March 11, 2022, submitted to Justice Kavanaugh.
Dec 15 2021 | Application (21A215) granted by Justice Kavanaugh extending the time to file the reply brief on the merits until March 11, 2022.
Dec 15 2021 | Motion to extend the time to file respondent's brief on the merits granted and the time is extended to and including February 4, 2022.
Dec 29 2021 | Blanket Consent filed by Respondent, Sundance, Inc.
Dec 30 2021 | Brief of petitioner Robyn Morgan filed.
Dec 30 2021 | Joint appendix filed. (Statement of costs filed)
Jan 05 2022 | Brief amicus curiae of American Association for Justice filed.
Jan 06 2022 | Brief amicus curiae of The National Academy of Arbitrators filed.
Jan 06 2022 | Brief amici curiae of Law Professors filed.
Jan 06 2022 | Brief amici curiae of Minnesota, Maryland, et al. filed.
Jan 06 2022 | Brief amicus curiae of Public Citizen filed.
Jan 18 2022 | Blanket Consent filed by Petitioner, Robyn Morgan
Jan 26 2022 | Record requested from the U.S.C.A. 8th Circuit.
Jan 28 2022 | ARGUMENT SET FOR Monday, March 21, 2022.
Feb 04 2022 | Brief of respondent Sundance, Inc. filed.
Feb 09 2022 | Brief amicus curiae of Washington Legal Foundation filed.
Feb 11 2022 | CIRCULATED
Feb 11 2022 | Brief amicus curiae of Restaurant Law Center filed. (Distributed)
Feb 11 2022 | Brief amicus curiae of Chamber of Commerce of the United States of America filed. (Distributed)
Mar 11 2022 | Reply of petitioner Robyn Morgan filed. (Distributed)
Mar 21 2022 | Argued. For petitioner: Karla A. Gilbride, Washington, D. C. For respondent: Paul D. Clement, Washington, D. C.

QUESTION PRESENTED:

1. Whether a state agent authorized by state law to defend the state’s interest in litigation must overcome a presumption of adequate representation to intervene as of right in a case in which a state official is a defendant; 
2. whether a district court’s determination of adequate representation in ruling on a motion to intervene as of right is reviewed de novo or for abuse of discretion; and 
3. whether petitioners Philip Berger, the president pro tempore of the state senate, and Timothy Moore, the speaker of the state house of representatives, are entitled to intervene as of right in this litigation.

Date Proceedings and Orders
Aug 19 2021 | Petition for a writ of certiorari filed. (Response due September 22, 2021)
Aug 26 2021 | Motion to extend the time to file a response from September 22, 2021 to October 13, 2021, submitted to The Clerk.
Aug 27 2021 | Motion to extend the time to file a response is granted and the time is extended to and including October 13, 2021.
Oct 13 2021 | Waiver of right of respondents North Carolina State Conference of the NAACP, Chapel Hill-Carrboro NAACP, Greensboro NAACP, High Point NAACP, Moore County NAACP, Stokes County Branch of the NAACP, Winston Salem-Forsyth County NAACP to respond filed.
Oct 13 2021 | Brief of respondents Damon Circosta, et al. in opposition filed.
Oct 27 2021 | DISTRIBUTED for Conference of 11/12/2021.
Oct 27 2021 | Reply of petitioners Philip E. Berger, et al. filed. (Distributed)
Nov 15 2021 | DISTRIBUTED for Conference of 11/19/2021.
Nov 24 2021 | Petition GRANTED.
Jan 10 2022 | Brief of petitioners Philip E. Berger, et al. filed.
Jan 10 2022 | Joint appendix filed.
Jan 17 2022 | Brief amicus curiae of Republican State Leadership Committee filed.
Jan 17 2022 | Brief amicus curiae of Liberty Justice Center filed.
Jan 17 2022 | Brief amicus curiae of Wisconsin Legislature filed.
Jan 18 2022 | Brief amici curiae of Lawyers Democracy Fund and Rep. Rodney Davis filed.
Jan 18 2022 | Brief amicus curiae of American Legislative Exchange Council filed.
Jan 18 2022 | Brief amicus curiae of Republican National Committee filed.
Jan 18 2022 | Brief amicus curiae of Honest Elections Project filed.
Jan 18 2022 | Brief amici curiae of Arizona, et al. filed.
Jan 26 2022 | Record requested from the U.S.C.A. 4th Circuit.
Jan 28 2022 | ARGUMENT SET FOR Monday, March 21, 2022.
Feb 09 2022 | Brief of NAACP respondents filed.
Feb 09 2022 | Brief of State respondents filed. (Distributed)
Feb 11 2022 | CIRCULATED
Feb 16 2022 | Brief amici curiae of Federal Courts Scholars filed. (Distributed)
Feb 16 2022 | Brief amici curiae of Retired Federal Judges filed. (Distributed)
Feb 16 2022 | Brief amicus curiae of Former North Carolina Supreme Court Justice Robert F. Orr filed. (Distributed)
Feb 16 2022 | Brief amici curiae of Minnesota, Wisconsin, et al. filed. (Distributed)
Feb 16 2022 | Motion for divided argument filed by respondents.
Feb 16 2022 | Record received from the U.S.D.A. North Carolina Middle District has been electronically filed.
Mar 07 2022 | Motion for divided argument filed by respondents GRANTED.
Mar 08 2022 | Reply of petitioners Philip E. Berger, et al. filed. (Distributed)
Mar 21 2022 | Argued. For petitioners: David H. Thompson, Washington, D. C. For NAACP respondents: Elisabeth S. Theodore, Washington, D. C. For state respondents: Sarah Boyce, Deputy Solicitor General, Raleigh, N. C.

QUESTION PRESENTED:

1) Whether a cause of action exists under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics for First Amendment retaliation claims; and (2) whether a cause of action exists under Bivens for claims against federal officers engaged in immigration-related functions for allegedly violating a plaintiff’s Fourth Amendment rights.

Date                   Proceedings and Orders (key to color coding)
Jul 30 2021 | Petition for a writ of certiorari filed. (Response due September 2, 2021)
Aug 09 2021 | Motion to extend the time to file a response from September 2, 2021 to October 4, 2021, submitted to The Clerk.
Aug 10 2021 | Motion to extend the time to file a response is granted and the time is extended to and including October 4, 2021.
Aug 30 2021 | Brief amicus curiae of Independent Women's Law Center filed.
Aug 31 2021 | Brief amicus curiae of National Border Patrol Council filed.
Sep 02 2021 | Brief amicus curiae of Immigration Reform Law Institute filed.
Oct 04 2021 | Motion for leave to file a brief in opposition under seal with redacted copies for the public record filed by respondent Robert Boule.
Oct 04 2021 | Brief of respondent Robert Boule in opposition filed.
Oct 12 2021 | Waiver of the 14-day waiting period under Rule 15.5 filed.
Oct 12 2021 | Reply of petitioner Erik Egbert filed. (Distributed)
Oct 13 2021 | DISTRIBUTED for Conference of 10/29/2021.
Nov 01 2021 | DISTRIBUTED for Conference of 11/5/2021.
Nov 05 2021 | Motion for leave to file a brief in opposition under seal with redacted copies for the public record GRANTED.
Nov 05 2021 | Petition GRANTED limited to Questions 1 and 2 presented by the petition.
Dec 17 2021 | ARGUMENT SET FOR Wednesday, March 2, 2022.
Dec 20 2021 | Brief of petitioner Erik Egbert filed.
Dec 20 2021 | Motion for leave to file the joint appendix under seal with redacted copies for the public record filed by respondent Robert Boule.
Dec 22 2021 | Brief amicus curiae of National Border Patrol Council filed.
Dec 23 2021 | Brief amicus curiae of United States filed.
Dec 27 2021 | Brief amicus curiae of Professor Jennifer L. Mascott filed.
Dec 27 2021 | Brief amicus curiae of Independent Women's Law Center filed.
Dec 27 2021 | Brief amici curiae of Dee Farmer, et al. in support of neither party filed.
Dec 27 2021 | Brief amicus curiae of Immigration Reform Law Institute filed.
Dec 27 2021 | Brief amici curiae of Former U.S. Attorneys General John D. Ashcroft, et al. filed.
Dec 27 2021 | Brief amicus curiae of National ICE Council filed.

QUESTION PRESENTED: 

1. Whether a group health plan that provides uniform reimbursement of all dialysis treatments observe the prohibition provided by the Medicare Secondary Payer Act that group health plans may not “take into account” the fact that a plan participant with end stage renal disease is eligible for Medicare benefits; 
2. whether a plan that provides the same dialysis benefits to all plan participants, and reimburses dialysis providers uniformly regardless of whether the patient has end stage renal disease, observe the prohibition under the Medicare Secondary Payer Act that a group health plan also may not “differentiate” between individuals with end stage renal disease and others “in the benefits it provides”; and
3. whether the Medicare Secondary Payer Act is a coordination-of-benefits measure designed to protect Medicare, not an antidiscrimination law designed to protect certain providers from alleged disparate impact of uniform treatment.

Date                     Proceedings and Orders (key to color coding)
May 21 2021 | Petition for a writ of certiorari filed. (Response due June 24, 2021)
Jun 24 2021 | Waiver of right of respondent Davita Inc., et al. to respond filed.
Jun 30 2021 | DISTRIBUTED for Conference of 9/27/2021.
Jul 21 2021 | Response Requested. (Due August 20, 2021)
Aug 05 2021 | Motion to extend the time to file a response from August 20, 2021 to September 20, 2021, submitted to The Clerk.
Aug 06 2021 | Motion to extend the time to file a response is granted and the time is extended to and including September 20, 2021.
Sep 20 2021 | Brief of respondents Davita Inc., et al. in opposition filed.
Oct 04 2021 | Reply of petitioners Marietta Memorial Hospital Employee Health Benefit Plan, et al. filed. (Distributed)
Oct 06 2021 | DISTRIBUTED for Conference of 10/29/2021.
Nov 01 2021 | DISTRIBUTED for Conference of 11/5/2021.
Nov 05 2021 | Petition GRANTED.
Dec 17 2021 | ARGUMENT SET FOR Tuesday, March 1, 2022.
Dec 20 2021 | Brief of petitioners Marietta Memorial Hospital Employee Health Benefit Plan, et al. filed.
Dec 20 2021 | Joint appendix filed. (Statement of costs filed)
Dec 21 2021 | Record requested from the U.S.C.A. 6th Circuit.
Dec 22 2021 | Brief amici curiae of Pacific Health Coalition, et al. filed.
Dec 23 2021 | Brief amicus curiae of United States filed.
Dec 23 2021 | Brief amicus curiae of Self-Insurance Institute of America, Inc. filed.